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(영문) 춘천지방법원 강릉지원 2016.11.16 2015고단32

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

At around 11:10 on December 17, 2014, the Defendant: (a) divided the victim D (Nam, 45 years of age) and drinking in Gangnam-si B; and (b) made a threat to the victim, i.e., the Defendant: (a) made the Defendant a brupt that “I will die; (b) I do not drink; (c) I wish to drink,” and (d) he had a deadly weapon, which is a deadly weapon (the blade length is 9cm, the total length is 19cm) with a deadly weapon, and “I will die” (the blade length is 9cm) with the victim’s body or life.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the photographs of seized articles, and parts and photographs of each victim;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act (Involving reflectivity, the details of the instant crime, the degree of danger, the age, family environment, etc. of the Defendant);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;