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(영문) 대전지방법원 천안지원 2015.08.27 2015고단613
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six 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

The Defendant was in de facto marital relationship with the victim B from around 1996 to 2012.

On February 24, 2015, the Defendant: (a) around 21:30, at the “D restaurant” operated by the victim located in Asan City, the Defendant: (b) stated one kitchen (21:30 on the day, the Defendant: (c) “I see that I will see to the restaurant customers on a daily basis when I am unable to perform funeral as soon as I am wind and wind, do not walk, do so; (d) I see that I am knish, which is a dangerous thing located in the kitchen, and that I am knish, and if I am knish, I am knick, I am kn knish with the Defendant’s hand in the process, I am knish with the Defendant’s hand, and then I am knish with the victim’s knish,” and “I am knish with it.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning B;

1. Application of statutes on images of on-site photographs;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances among the reasons for sentencing)

1. The scope of punishment by law: Imprisonment for not less than six months but not more than fifteen years;

2. Scope of the recommended sentences according to the sentencing guidelines (decision of types of punishment), violent crimes, Type 4 (Special Intimidation) (Special Intimidation) from among intimidation crimes, imprisonment for not less than six months but not more than one year (the scope of the recommended sentences) (the minimum limit of the applicable sentences in law is in conflict with the scope of the applicable sentences in law, as it falls under the mitigation area, and therefore is in accordance with the applicable sentences in law);

3. Determination of sentence: The defendant who has been sentenced to a stay of six months shall be a female victim; and

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