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(영문) 울산지방법원 2016.02.18 2014고단1894
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

From March 2013, the Defendant is a victim C (V, 53 years of age) and a person related to the victim C from around March 2013.

1. On May 23, 2014, at around 11:30 on May 23, 2014, the Defendant: (a) 305, the residence of the victim of the D Building in Ulsan-gu, Ulsan-gu; (b) Having the previous alcohol together with the victim, and (c) Having the victim’s desire to “this e-mail and the same opening”, and (d) 2-3 times the victim’s face with the cell phone located therein.

Accordingly, the defendant, when considering the victim's number of days of treatment, brought the victim with a scarcity scarcity, before the victim.

2. Special intimidation: (a) the Defendant: (b) taken the victim’s time, at the above time and place; (c) took a knife knife, which is a deadly weapon (32 cm in total, 20 cm in length); (d) taken the victim’s left part on the victim’s left part; and (e) threatened the victim as if he would inflict any harm on the victim’s life and body.

Accordingly, the Defendant, by carrying a deadly weapon as above, threatened the victim.

Summary of Evidence

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the victim's body photographs, criminal tool photographs, and records keeping area;

1. Relevant legal provisions of the Criminal Act; Articles 284, 283(1) (a) of the Criminal Act; Article 257(1) (a) of the Criminal Act; Articles 257(1) (a) of the Criminal Act; Articles 257(2) and 284 of the Criminal Act of the

1. The reason for sentencing under the former part of Article 37 and Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] [the grounds for sentencing] of Article 38(1)2 of the Act on the Aggravated Punishment of Crimes / [the decision of sentencing] of Article 38(1) of the Act on the Aggravated Punishment of Crimes / [the grounds for sentencing] / Although there are favorable circumstances such as not wanting to punish the defendant, there are many kinds of records of punishment such as violence and damage of property, threats to the victim, etc.

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