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(영문) 의정부지방법원 고양지원 2014.05.29 2013고단2365
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 28, 2013, the Defendant: (a) within a passenger car parked in the front parking lot of the C building at the time of Pakistan on November 28, 2013; (b) demanded that the victim D (Woo, 32 years of age) who had a smoke be hedging; (c) made the victim’s blue while speaking as “the same deceased;” (d) followed the victim’s blue with his arms, and (e) made the victim’s blue with his arms, and (e) made the kitchen at the same place as “C building,” and (e) threatened the victim with “the same deceased,” after dancing on the part of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

2. Statement by the prosecution concerning D;

3. Application of Acts and subordinate statutes concerning blades photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. The reason for sentencing under Article 62(1) of the Criminal Act, the means and method of the instant crime, etc., are factors unfavorable to the Defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognized the facts charged in this case and sought a prior action, there are circumstances to consider the motive of the crime in this case, and the fact that it is deemed that the victim was not severely injured, there is no record of criminal punishment so far, and that the defendant has "a intellectual obstacle to the Gyeongdo".

Furthermore, the circumstances revealed in the arguments, such as the Defendant’s age, character and conduct, and environment, were taken into consideration, and the sentencing guidelines formulated by the Sentencing Commission also refer to the “crime crime sentencing guidelines”

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