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(영문) 춘천지방법원 2015.02.05 2014고단1320
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 June 5, 2014, at around 17:00, the Defendant: (a) found the Defendant’s father E’s father’s f (n, 48 years of age) who is a deadly female farmer at the house of Hongcheon-gun, Hongcheon-gun; and (b) prepared to his father a letter to the effect that the land owned by the Republic of Korea is the land under the name of Hongcheon-gun G E located in Gangwon-do, and that the land owned by the Republic of Korea would be under the joint name of his relatives; (c) said, the Defendant f(n, 48 years of age), who carried on the part of his father’s father, who is a dangerous object in both sides, and said, “the deceased.”

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

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (on-site exit status, etc.);

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. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Determination of Punishment] Types 4 (Determination of Habitual Cumulative Offense, Special Intimidation) [Determination of Recommendation Area] Basic Field / [Prohibition of Suspension of Execution] from 6 months to 1 year and 6 months / [Prohibition of Suspension of Execution] There is no positive criminal punishment reason : There is no positive contingent crime : there is no positive contingent crime (decision of sentence] that there is an unfavorable circumstance, such as the fact that there is no agreement with the defendant with the victim, and that there is an expression of reflective intent at the time of committing the instant crime, and there is favorable circumstance, such as the initial crime, the fact that it is an contingent crime, and the fact that it is an contingent crime, and the punishment is determined as per Disposition, taking into account the circumstances revealed in the instant oral proceedings, including the background of the instant

It is so decided as per Disposition for the above reasons.

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