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(영문) 전주지방법원 군산지원 2015.05.13 2013고단1692
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

except that 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

On December 2, 2013, around 23:05, the Defendant had talked with the victim D (the age of 49) in front of the Sinsan City, on the ground that he was the victim’s her old age, and threatened the Defendant by having a kitchen, which is a dangerous weapon in the Defendant’s house (the total length of 32cm, 20cm, knife length of 20cm), with a kitchen, which is a dangerous weapon in the Defendant’s house, with the Defendant’s house, with the victim’s her life.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 283(1) of the Criminal Act concerning criminal facts

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., contingent crimes under the influence of alcohol, the fact that the victim does not want the punishment of the defendant, and the fact that the victim seems to reflect);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

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