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(영문) 울산지방법원 2015.09.08 2015고단81
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 05:00 on October 17, 2014, the Defendant was dispatched from the above convenience store by a police officer who was dispatched after receiving a report to avoid disturbance, such as sending the goods displayed at the above convenience store to the victim who was flabed by the victim C (the age of 46) in Ulsan-gu, Ulsan-gu, and received a request from the victim by drawing up the table table in the World Cup, which was operated by the victim C (the age of 46).

On October 17, 2014, around 05:30 on October 17, 2014, the Defendant laid the kitchen gate, which is a dangerous thing in the Defendant’s house near the above convenience store, and found it as the above convenience store, led the victim to the above part of the kitchen gate, and threatened the victim’s body.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] No basic area (6 to 1 year and 6 months) of types 4 (Habitual Cumulative Offense, Special Intimidation) (Special Intimidation) [Determination of Sentence] [Determination of Sentence] in light of the implements and methods used by the defendant for the crime of this case and the method of committing the crime of this case, it is disadvantageous to the defendant that there is no effort to recover damage and that there is no effort to recover damage.

However, the above punishment shall be imposed in consideration of the circumstances favorable to the defendant, such as the fact that the defendant has no record of criminal punishment, and that the defendant is led to confession and reflects, and other factors of sentencing specified in the records and arguments of this case, such as the age, character and conduct, environment, and circumstances after the crime.

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