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(영문) 춘천지방법원 원주지원 2014.06.17 2014고단397
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

At around 19:00 on March 5, 2014, the Defendant reported the victim E (the 62 years old) who was found together with D to divide the conflict between D and the Defendant as a matter of dry field cultivation right, and changed the phrase “D has d d h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h, h h h h h, h h h h h, h h h h h, h h h h h. h.

After that, when the defendant went out of the house with the victim, the defendant tried to affix the victim by using blue blue (129 cm in total length, 13 cm in length) which is a dangerous object from the entrance of the victim, which is a dangerous object (29 cm in total length, 13 cm in length), and the victim sawd in order to return to the house, and then put the victim and then put the victim with the foregoing insertion.

Accordingly, the defendant carried a deadly weapon or dangerous object and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The application of the records of seizure and the list of seized articles, and statutes;

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 (see, e.g., reflectiveness, agreement, and no criminal record of suspended execution or heavier punishment);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 48 (1) of the Criminal Act of confiscation;

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