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(영문) 의정부지방법원 고양지원 2014.08.28 2014고단895
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

On March 18, 2014, the Defendant: (a) around 23:35, the victim E (Nam, 47 years of age) who was divingd in the area, was flickly flicked to the pelco, and the victim was flicked to the pelco, and was flicked to the pelco, and the Defendant was flicked to the pelco, and the Defendant was flicked to the pelco, and the Defendant was flicked to the pelco in the pelco.”

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

Summary of Evidence

1. Statement by the defendant in court;

2. The police statement of E;

3. Application of Acts and subordinate statutes on investigation reporting;

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;

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

3. The reason for sentencing under Article 62(1) of the Criminal Act is the factor of sentencing unfavorable to the defendant, such as threatening another person with dangerous things.

On the other hand, all of the facts charged in this case are the elements of sentencing favorable to the defendant, such as the fact that the defendant is recognized as all of the facts charged in this case and the victim does not want punishment against the defendant by mutual consent with the victim, and the defendant has "compre

Furthermore, the sentencing guidelines established by the Sentencing Committee, including the Defendant’s age, character and conduct, environment, and criminal records, were taken into consideration.

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