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(영문) 창원지방법원 통영지원 2013.04.25 2012고단1135
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six 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

At around 02:30 on September 25, 2012, the Defendant: (a) had a dispute with the victim D (the years of age 31) who works at a singing point at the singing point at the sing point at the sing point at the sing point at the sing point at the sing point at the sing point at the sing point at the sing point at the sing point at the sing point at the sing point at the singing point at the sing point at the sing point at the sing point at the sing point at the sing point; and (b) had a ssinging

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. According to the sentencing guidelines under Article 62(1) of the Criminal Act, the sentencing guidelines for the defendant is recommended for four months to one year (the recommendation for the area of mitigation of the type of habitual, repeated, and special intimidation (the recommendation for the area of mitigation of punishment to be considered as a special mitigation). In addition to the above special mitigation factors, the fact that the defendant reflects his/her opposite nature shall be considered as the grounds for sentencing favorable to the defendant, and the sentence like the order shall be determined by taking into account all other factors of sentencing including the age of the defendant

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