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(영문) 수원지방법원 2014.07.03 2013고단7164
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six 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 October 22, 2013, at around 00:35, the Defendant had expressed the same attitude that the victim's body would be harmed by harming the victim's body by stating that the victim's body should be harmed by putting him/her away from the floor due to the drinking value in front of the e main point operated by the victim D, and putting him/her a small-scale disease, which is a dangerous object that he/she had her flad, to the bottom, and putting him/her a shoulderer disease into the body of the victim."

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of F’s written Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] : The scope of comparative sentence between the applicable sentences and the recommended sentences that have no basic area (6 to 1.6 months) (6 months and 1 year and 6 months) (no special person): June to 6 months (decision on a sentence) within the scope of recommended sentences set out in the sentencing guidelines, the sentence against the accused shall be determined to be six months, and the execution of the sentence shall be suspended for a certain period of time.

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

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