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울산지방법원 2015.10.22 2015고단2202
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 May 23, 2015, at around 21:20, the Defendant used a knife (21.5 cm length) which is a dangerous object that the victim B (the age of 16) had been kept in the front of the Ulsan-ro 90, Ulsan-ro 27, Ulsan-ro 27,000 in front of the Ulsan-ro Customs office, and threatened the victim with “if the victim does not refuse to kill, the knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (report on hearing statements by victims);

1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Social service businesses 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] No basic area (6 to one year and six months) (6 months) of types 4 (Habitual Cumulative Offense, Special Intimidation) (Article 48(1)1 of the Confiscation Criminal Act) (Article 48(1) of the Confiscation Criminal Act) (Article 48(1)1 of the said Act does not fit the means and methods of committing a crime, and the defendant is subject to a disposition of suspension of indictment due to a suspicion of injury on or around 2012, and the defendant

However, the Defendant did not have any specific criminal history, in addition to the punishment of a fine for two-year criminal records, and the instant crime appears to have committed any contingent act against the victim who has frightened with her natives while under the influence of alcohol, and in favorable circumstances, such as the fact that he/she has divided his/her mistake in depth, the Defendant’s age, character and conduct, environment, etc., shall be determined by getting out of the lower limit of the recommended sentencing criteria set by the sentencing guidelines and by taking into account all the conditions of sentencing

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