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(영문) 수원지방법원 2014.10.29 2014고단5034
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 01:10 on September 18, 2014, the Defendant: (a) discovered a victim who had been in front of the entrance of the Defendant’s wife and the victim C (the age of 36) under suspicion of an influorial relationship between the Defendant’s wife and the Defendant’s wife and the victim C (the age of 36); (b) threatened the victim’s wife and her wife with the head of the said residence; (c) led the victim’s bomb with the head of the relevant house; and (d) threatened the victim with the string (the length of 30cm) of the dangerous object; and (d) threatened the victim by taking the knick (the knth length of 20cm) with the kitchen of the Defendant’s kitchen with the knick.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police protocol law to C

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Six months to fifteen years; and

2. Scope of the recommended sentence for the sentencing guidelines [decision of types] the scope of the recommended sentence for the sentencing guidelines, the group of violent crimes-special intimidation [the scope of the recommended sentence] mitigated area (six months of imprisonment (revision by the lower limit of the punishment by law), or one year of imprisonment]: A person not subject to punishment;

3. The decision of sentence shall be made in the same manner as the order within the recommended range in consideration of the fact that the accused has divided wrongs, that the accused has agreed smoothly with the victim, that there is no record of punishment for violent crimes, etc.

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