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(영문) 춘천지방법원 강릉지원 2016.09.30 2016재고단17
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Majority Crimes in the latter part of Article 37 of the Criminal Act] The Defendant was sentenced to imprisonment with prison labor for three years and six months on July 24, 2014, due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent Acts by force against persons with disabilities) in Gangnam Support, and the judgment became final and conclusive on January 29, 2015.

[Criminal facts] On May 20, 2012, the Defendant heard the Defendant’s speech to the effect that he will not drive in drinking state from the victim C (48 Dose) at the entrance of the fow in the East Sea, which occurred at around 20:50 on May 20, 2012, and took the Defendant’s private knife knife, which is a dangerous object in the Defendant’s DM5 car.

E Launched car driving seats in the future and in front of the windows and fronts of the rocketing car driver's seat in the same Systunaly, shall be stamped, and the victim shall "h, raid, raid, and raid"

The victim threatened the victim by stating that the window flap flap flap flap, the flag flab flab, and the flab flab."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of each rocketing vehicle photograph and blade photograph Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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