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(영문) 의정부지방법원 2015.08.18 2015고단773
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for 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 15:30 on February 28, 2015, the Defendant used golf knife a knife (the length 95cm) which is a dangerous object in the Defendant’s house, as if he was sealed, when he was in dispute between noise and the victim D (here, 40 years of age) who had previously been in dispute over the noise problem in the front corridor C701 at Yangju-si, and the noise problem between floors, and threatened the victim with a knife (the length 95cm) which is a dangerous object in front of the victim’s face, and threatened the victim with a knife (the total length 32cm, the knife length 19cm) which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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. Suspension of execution under Article 62 (1) of the Criminal Act (the first offender who has no record of criminal punishment; the deposit of certain money for the victim; the crime of this case in which the victim has committed the crime of this case with stress through inter-floor noise for a long time; the depth of his/her mistake is divided and reflected; and other consideration of the health conditions, etc. of the defendant);

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