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(영문) 부산지방법원 2015.06.18 2014고단8576
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

On July 5, 2014, at around 09:15, the Defendant got from “D” located in the Dong-gu Busan Metropolitan City, the Defendant, as a result of obtaining from “D,” the victim’s former E (the age of 35) and had no adequate appraisal of the victim, and threatened the victim with the transition of dangerous articles (the length of 15.5cm, the blade length of the entire length of 15.5cm, 6cm) that were used by the victim’s knife’s knife, and threatened the victim by saying, “I will go along their lives even if I cannot perform funeral services.”

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

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

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [Scope of Recommendation] : (a) the basic area (including six to one year and six months), which is the basic area (including a person who is specially mitigated) of the punishment (including a serious effort to recover damage) or a considerable partial recovery from damage; (b) the case where a person committed a crime by the threat of collective force or multiple groups or by carrying with himself a deadly weapon or other dangerous articles (excluding the case where special intimidation is applied) (excluding the case where a decision of sentence is made] without the same power and without any previous conviction exceeding the fine; (c) the fact that the victim has agreed smoothly with the victim; and (d) the fact that the confession was contrary to the confession of the crime;

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