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(영문) 울산지방법원 2014.08.21 2013고단3834
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On November 3, 2013, at around 01:50, the Defendant entered the “Eju” operated by the victim D (A, 67 years of age) who was aware of the usual size in Ulsan-gu, Ulsan-gu, U.S., and drinking the victim and the victim, the Defendant used the kitchen knife (28cm in length, 16cm in length, 16cm in length), which was a deadly weapon on the instant kitchen knife, and knife the victim’s knife with the part of the victim.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of the type] - the reason for sentencing under Article 62(1) of the Criminal Act . 4. Habitual crime, repeated crime and special intimidation [the scope of recommending punishment] from 6 months to 1 year and 6 months [the decision of sentencing] of the sentence of punishment . However, it is not good for the victim to be punished by intimidation. However, as a space between the victim and his long-term knowledge, the victim does not want the punishment of the defendant. Since 2005, the victim has no criminal history since 2005, and other factors for sentencing indicated in the

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