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(영문) 의정부지방법원 2015.09.18 2015고단2145
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 28, 2015, the Defendant: (a) around 20:40, the victim D (n, 45 years of age) in Guri-si C, performed the alcohol together with F, which is a knife, in the E-cafeteria Outdoor table, operated by the victim D (n, the 45 years of age), and had F, a customer, who performed the alcohol from his place, performed a test without any justifiable reason, and was in a beer with beer disease, etc.; (b) the Defendant was able to control G, by gathering a boom, which is a dangerous object on the table, and the Defendant was prevented the victim from going to go to the said G, and then the victim citing the above dangerous object as “F, if you do not do so, fnife the fnife, so.”

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and D;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and 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 / [Scope of Recommendation] The scope of sentence compared with the mitigated range (4 to 1 year), (4) (4 to 1 year), (4) (special mitigation) (special mitigation): Imprisonment with prison labor for six months or one year (6 months or one year) and one year or more, and one year or more (1 year or more): The circumstances favorable to threatening a victim: The defendant's recognition of all of the crimes in this case and agreement with the victim; the defendant's age, character and behavior, intelligence and environment; the relation with the victim; the motive, means and consequence of the crime; the circumstances after the crime; and other factors for sentencing under Article 51 of the Criminal Act are considered. It is so decided as per Disposition for above reasons.

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