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(영문) 서울북부지방법원 2015.12.23 2015고단806
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

From 22:00 on December 19, 2014 to 23:00, the Defendant threatened the victim with a deadly weapon, such as “A deadly weapon, 30cm in total length, 20cm in knife, knife, knife, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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 of the suspended sentence [Scope of Recommendation] is the case where the degree of special mitigation [2-1 year] (2-1 year) is minor (1,4,5 years) and the case where the defendant's decision not to punish [2] is against the defendant's wrongness. Since the case, the victim did not be abused and the victim does not want to be punished by divorce with the victim, etc., the sentence is determined as per the disposition.

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