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(영문) 제주지방법원 2015.03.11 2014고단1650
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)
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 became final and conclusive.

Reasons

Punishment of the crime

On August 16, 2013, at around 00:35, the Defendant expressed a desire to the victim D (the parent of the Defendant, who was the father of the Defendant, who was divingd at the Defendant’s residence located in Seopopo City C, and expressed a knife (the entire length of 15cm) as a deadly weapon in the kitchen, and made intimidation to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of related Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the following: (a) the fact that the defendant recognizes the crime of this case and reflects his mistake; the defendant does not participate in the crime of this case under the influence of alcohol; (b) the defendant does not want the punishment of the defendant; and (c) the defendant does not have any history of criminal punishment heavier than a fine;

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62(1) of the Criminal Act (the grounds for discretionary mitigation);

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