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(영문) 의정부지방법원 고양지원 2014.07.22 2014고단323
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

At around 19:00 on October 2, 2013, the Defendant has a dispute over the issue of living expenses by the victim C (n, 39 years of age) and by telephone.

B. The Korean Supreme Court held that the Korean Supreme Court held that the Korean Supreme Court held that the Korean Supreme Court held that the Korean Supreme Court held that the Korean Supreme Court held the Korean Supreme Court Decision 2009Da154888 delivered on April 1, 2000, held that the Korean Supreme Court Decision 2009Da17010 delivered on April 1, 200, held that the Korean Supreme Court Decision 2000Da17208 delivered on April 2, 200, held that the Korean Supreme Court Decision 200Da170900

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

Summary of Evidence

1. Statement by the defendant in court;

2. The police statement concerning C;

3. Application of excessive photographic Acts and subordinate statutes;

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 is the means and method of the instant crime, and the fact that the Defendant has committed assaulting the victim twice in the past is an element for sentencing unfavorable to the Defendant.

On the other hand, the fact that the defendant recognized the facts charged in the instant case and sought a preference, that the victim does not want the punishment against the defendant, and that there has been no record of criminal punishment so far is an element of sentencing favorable to the defendant.

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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