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Reasons
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(영문) 부산지방법원 2015.04.22 2015고단1200
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 22:40 on February 17, 2015, the Defendant: (a) committed assault against E on the ground that, within D main points located under the territory of Busan, music directors did not provide the service rice; (b) he was informed of the dissatisfaction that he did not; (c) and (d) the victim F (46) who was found to be a customer on the main points of the instant main points was prevented from assault against E; and (d) 1 an empty beer (350ml) located within the said main points of the instant main points of the instant main points of the Victim F (46 years of age) was collected as a hand of the Defendant’s assault against E; and (d) 1 the victim’s neck, a dangerous object of the instant main points of the instant main points of the instant main points of the license, and then, he sawed the victim’s neck for about 10 minutes, and threatened the victim with her neck for about 10 minutes.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes on investigation reporting;

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 the sentencing of Article 62 (1) of the Criminal Act [Scope of Recommendation] Violence of Article 62 (1) of the Criminal Act: There is no basic area (6 months to one year and six months) [Special Intimidation] [Determination of Sentence] of the basic area (6 months to one year and six months] [Determination of sentence] of the defendant's attitude of deceiving and opposing the defendant's crime; the degree of intimidation; the degree of intimidation; the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents; the fact that there is no other criminal records other than the fine imposed once due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents; and

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