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(영문) 의정부지방법원 2014.06.24 2014고단1252
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 14, 2014, the Defendant was in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) and the Defendant threatened the victim (the victim C, who is the Defendant’s wife at the time (the victim C, who is 45 years of age) with frequent external gambling on the following grounds: (a) on March 14, 2014, on the ground that he or she had a dispute with each other; (b) was sleeping the victim’s breath; and (c) on the part of the Defendant’s taxi driver’s seat, he or she sleeped the victim’s breath (total length, 35 cm, 13 mmm in length on the day) with a dangerous article carrying under the Defendant’s taxi seat and breathing the victim. The Defendant threatened the victim by “I am sing from the same balk walk outside the walk.

2. Violation of the Punishment of Violences, etc. Act (the destruction and damage, etc. of a group, deadly weapon, etc.) was destroyed by having approximately KRW 450,000 with the repair cost cut off after having her visit and having her possession of the above victim, who was in a scheme for the above hand-on with the said time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Application of the statutes in the form of deadly weapons and damaged articles used by a suspect;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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;

1. Type IV (Scope of Recommendation) of the basic area (from June to one year and six months) of the crime of intimidation in violation of the Punishment of Violences, etc. Act;

2. Crimes in violation of the Punishment of Violences, etc. Act (collectively weapons, deadly weapons, etc. and damage, etc.) shall not apply to the sentencing criteria;

3. The sentencing criteria for multiple crimes shall be set;

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