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(영문) 의정부지방법원 2015.04.28 2014고단4251
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

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

around 23:45 on November 15, 2014, the Defendant threatened the victim by carrying with the victim the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Around 04:50 on February 6, 2015, the Defendant driven an Estststam car from the 121-1st day of the Tri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Summary of Evidence

"2014 Highest 4251"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. The photograph of deadly weapons "2015 Highest 1027";

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to reports on detection of drivers and reports on the statement of the status of drivers;

1. Relevant provisions of the Act on the Punishment of Violences, etc., Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment (as to the crime of violation of the Road Traffic Act) for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [Scope of Recommendation] : The lower limit shall apply to concurrent crimes under the former part of Article 37 of the Criminal Act among the crimes of violation of the Punishment of Violences, etc. Act (Intimidation by collective groups, deadly weapons, etc.) for which the sentencing criteria are set, and the crimes of violation of the Road Traffic Act (driving by deadly weapons, etc.) for which the sentencing criteria are not set, and the lower limit shall apply to those under the former part of Article 37 of the Criminal Act for which the sentencing criteria are set.

[Determination of sentence]

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