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(영문) 울산지방법원 2015.04.09 2014고단2907
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 September 3, 2014, at around 22:48, the Defendant returned home on the street before Ulsan-gu, Ulsan-gu, a substitute driver under the influence of alcohol, and went home on a narrow frame D and a vehicle driving problems, and the Defendant saw the victim as “blicker,” while putting the dangerous object stored in the Defendant’s car, and threatened the victim with the threat as they are.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 283 (1) of the Criminal Act (the point of intimidation by carrying a deadly weapon);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] : (a) the basic area (decision of sentence of habitual, repeated, and special intimidation) of Type IV (decision of sentence of habitual, repeated, 1.6 months) of the Criminal Act / [decision of sentence] ; (b) the nature of the crime, such as threatening the victim by carrying a deadly weapon; (c) the fact that there is no record of the crime; (d) the fact that there is no record of the crime; and (e) the fact that there is no record of the crime; and (e) the circumstances leading to the

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