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(영문) 의정부지방법원 2014.08.27 2013고단4156
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2, 2013, at around 16:10 on August 2, 2013, the Defendant: (a) sealed the victim E, who was under the influence of alcohol, and without any justifiable reason, drinking D and alcohol, with a deadly weapon, and threatened the victim E, who was under the influence of alcohol, with a view to “I am going against the victim,” and “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am.

Accordingly, the defendant threatened the victim with the kitchen knife, which is a deadly weapon.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on police 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 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for forfeiture [Determination of Punishment] 4 types of intimidation (Habitual, Cumulative, Special Intimidation ] - The elements for mitigation : Non-liability of the person in question] / [Determination of the person in question] the area of mitigation / [Determination of the person in question] 4 months to 1 year [limited to the scope of recommendation ] the area of mitigation / 4 months to 3 years [general person] - 15 years from 6 months to 15 years (limited to the scope of punishment ] - Where the person committed a crime by carrying a dangerous weapon or other dangerous articles : There is no criminal record of suspension of execution of sentence / [Determination of sentence and recommendation] where the person in question committed a crime by carrying a dangerous weapon or other dangerous articles - there is no criminal record of positive contingency / or suspended sentence of execution of sentence : The comparison of sentence of sentence and recommendation : six months from 6 months to 15 years: 1 year / [Determination of imprisonment / year 10] year; probation 2 years in favor ; circumstances of probation ; agreement disadvantageous.

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