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(영문) 제주지방법원 2014.05.09 2013고단1659
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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 becomes final and conclusive.

Reasons

Punishment of the crime

(2) On August 7, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeju District Court on August 7, 2013, and the judgment became final and conclusive on August 15, 2013.

【Criminal Facts】

At around 13:00 on May 25, 2013, the Defendant: (a) discovered that the Defendant and D were in incompetial relationship with the Defendant and D; (b) found D’s son E (the age of 26) and her husband F (the age of 50) want to take the door door door door door door door, and to take the door door door door of the entrance door door door, (b) took a deadly weapon type 19.5 cm (the length of the day 19.5 cm), and threatened the Defendant; (c) reported to the Defendant on 112, and reported to the Defendant, and then, F took a dangerous object inside the entrance and door of the entrance of the entrance to the Defendant, and thereby threatening the Defendant, “the Victim” was “the Victim by threatening all of the homicide,” thereby threatening the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. Application of seizure records and relevant photographic Acts and subordinate statutes;

1. Relevant Article of the Punishment of Violences, etc. Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;

1. Handling concurrent crimes: latter part of Articles 37 and 39 (1) of the Criminal Act (the crime at the time of sale is concurrent crimes with a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is decided upon by a final judgment);

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Community service order: Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Confiscation: The reasons for sentencing under Article 48(1)1 of the Criminal Act are concurrent crimes under the latter part of Article 37 of the Criminal Act, which set the punishment as set forth in the disposition, taking into account all the following circumstances into account. The sentencing criteria are not applicable. The circumstances favorable: the facts of the crime.

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