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(영문) 대전지방법원 홍성지원 2013.11.27 2013고단941
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 August 17, 2013, at around 00:38, the Defendant threatened the victim with the following purport: (a) on the front of the “Crogate” in Pyeongtaek-si B, the Defendant: (b) opened a singing door; and (c) the Defendant demanded the death of the victim; and (d) the victim demanded the apology; (b) the Defendant took away a wood check (1m in length) which is a dangerous object at a vehicle ridge parked by the Defendant; and (c) the victim was able to enter the boat.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Circumstances in which the following reasons for sentencing are described):

1. The reason for sentencing under Article 62(1) of the Criminal Act (restatement of the reason for sentencing as follows) is that the crime of this case was committed with the autopsy, which is a dangerous object of the defendant, and the nature of the crime is not good. Meanwhile, the defendant does not have the same criminal record, and the defendant appears to be against the defendant while making a confession of the crime of this case, considering the factors of sentencing favorable to the defendant as factors of sentencing. In addition, the defendant's punishment against the defendant shall be determined by comprehensively taking into account the defendant's age, character and conduct, and environment, and all the conditions of sentencing specified in the records and arguments of this case

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