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(영문) 춘천지방법원 2015.01.13 2014고단1081
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

Criminal facts stated in the facts charged are the same.

Summary of Evidence

1. Defendant's legal statement;

1. C and D respective statements;

1. Application of Acts and subordinate statutes on site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 3 (1) and 2 (1) 1 of the same Act; Article 366 of the Criminal Act concerning a crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment stipulated for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. with which the Crimes are heavier)];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (including the fact that there is no criminal record of imprisonment without prison labor or heavier punishment);

1. Violation of the Punishment of Violence, etc. Act (a collective action, deadly weapon, etc.) with reason for sentencing under Article 62-2 of the Criminal Act (abspeing, damage, etc. of a group, deadly weapon, etc.): Establishment of sentencing guidelines: Violation of the Punishment of Violences, etc. Act (abspecence of a group, deadly weapon, etc.) / [the scope of recommendation] / mitigated area (4-1 year), / special mitigation area (4-1 year), in a case where the victim is also responsible for the occurrence of a crime or the expansion of damage, the scope of sentence compared to the sentencing and the recommended sentence: 6-1 year [decision of sentence] above, and considering all the circumstances revealed in the oral proceedings of this case, such as the defendant’s occupation, age

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