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(영문) 수원지방법원 2013.08.23 2013고단2623

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person who is in a de facto marital relationship with a victim B (n, 52 years of age).

On May 8, 2013, at around 19:40, the Defendant lent one million won to the victim at the “Dcafeteria” room operated by the victim in Suwon-si C, Suwon-si, Suwon-si, but the Defendant threatened the victim by putting about about 20cm in the kitchen, which is a dangerous thing in the Donc, which the victim did not lend his money, on the part of the victim’s chest ( approximately 20cm in length, about 12cc in the hand).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of statutes on site photographs;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant acknowledges and repents the criminal facts of this case, and the victim B also wishes not only to punish the defendant but also not to punish the defendant actively.

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