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(영문) 제주지방법원 2015.11.26 2015고단988
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for four 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 July 2, 2015, around 05:40 on July 2, 2015, the Defendant: (a) heard the victim’s “E” restaurant in the C market located in Seopopopo City B; (b) around 05:40, the Defendant heard the victim’s “E” restaurant; (c) the case in the said C market where the victim was dissatisfied with the victim’s ordinary meeting, changed F, which is a regular director; (d) but the victim heards the victim’s phrase “whether it is possible to take part in the regular director of the commercial building.” (e.g., why it is done., why it is done), 2 knife (the blade length, approximately 20cm in total length, about 30cm in total length) and 2 knife in both hands, which are dangerous objects that were behind the entrance of the “G commercial building” located in the front of the said restaurant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A H statement;

1. Application of Acts and subordinate statutes in Chapter 11 to field forest managers, kniff photographs, CCTV closure photographs;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”)

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Determination of types: Type IV (Habitual, repeated, and special intimidation) for violent crimes;

(b) Special discretionary factors: No penalty shall be imposed;

(c) Decision-making and range of recommendations: Reduction field, imprisonment of four months to one year;

2. Determination of sentence: The execution of sentence shall be suspended in consideration of the following: (a) the defendant’s act of putting a knife against the victim even though he was under the influence of alcohol for four months, and (b) year of suspended execution, but the defendant’s act of knifeing the knife against the victim is serious in nature and risk of such crime; (c) an agreement has been reached between the defendant and the victim; (d) there has been no

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