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(영문) 창원지방법원 2015.09.09 2015고단1517
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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 00:50 on April 3, 2015, the Defendant, at the home of the Victim C (28 years of age) located in the 2nd floor of Changwon-si, Changwon-si, the mother of the Victim C (28 years of age), who is the mother of the Victim, avoided contact without drinking the Victim’s father, but, in order to eliminate the fact that the Victim’s father was in an internal relationship with D, the Victim’s father was in an internal relationship with D, the Defendant was the father of the Victim. However, the Defendant hearded from the Victim the terms “E and E”, “Aberk-si, withdrawal, and so on.”

In this respect, the defendant carried a dangerous article and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to photographs taken with a knife used for crimes;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution is that the mitigated area (4 to 1 year), [4 months and 1 years] mitigation area (a person who has been subject to special mitigation] [decision of sentence] law is dangerous, the defendant has no record of having been punished several times due to violent crimes, but has no record of exceeding the fine, the defendant is recognized as erroneous, the defendant has agreed with the victim, and all other factors of sentencing including the circumstances of the instant crime.

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