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(영문) 의정부지방법원 고양지원 2014.01.09 2013고단1684
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

On August 20, 2013, at around 21:45, the Defendant argued with the church pastor C and the telephone accompanying the Defendant’s wife B, and was found in the above C’s house located in D at the time of strike, and she was threatened with the victim E (59 years old) who was the husband of the said C by walking out the entrance door of the place and walking out from the entrance, and she was flobing the victim’s floth to the victim E (59 years old), who was the husband of the said C, and was in danger of being prepared in advance by other descendants (total length: 21.5cm, 12.5cm in length: 12.5cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on seizure records;

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., that the injured party has not been punished against the accused and that the accused has no record of criminal punishment except for a fine once imposed on the accused);

1. Article 62 (1) of the Criminal Act (the same grounds for discretionary mitigation);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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