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(영문) 수원지방법원 성남지원 2014.09.19 2014고단1687
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment 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

The defendant is the couple who reported the marriage between the victim C (mast, 44 years of age) and the couple who reported the marriage in 194.

At around 22:40 on June 26, 2014, the Defendant argued that, while disputing the issue of changing the victim's head and room, the Defendant took a knife of the victim's head, knife the knife, which is a deadly weapon, and knife the victim's knife the knife, “nife no longer than one time, no more than one time.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing evidence photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The sentence shall be determined as per the disposition, taking into account the following factors: (a) the mitigation area (4 to 1 year), mitigation area (4 to 1 year) [Special Mitigation] (decision of sentence], and the threat of the victim, who is the spouse, with lethal weapons; (b) although it is not good for the crime to be committed, such as threatening the victim, who is the spouse, by taking advantage of a letter from the victim after the instant crime was committed; (c) the Defendant has no record of qualification suspension or heavier punishment.

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