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(영문) 수원지방법원 2014.02.05 2013고단5549

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence Nos. 1 (F.C. 1) shall be confiscated.

Reasons

Punishment of the crime

1. On October 6, 2013, the Defendant: (a) around 05:20 on October 6, 2013, at the D convenience store located in Osan-si, the Defendant: (b) ranced the disturbance of the victim E (here, 26 years of age) and Escream price; and (c) fluorcing the fright of a bitch; (b) fright of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bit

Accordingly, the Defendant assaulted the victim as above and interfered with the victim's convenience store business by force.

2. Around October 6, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.), followed by two kitchen knifes (a total of 30.5cm, a knife, 19cc) and two kitchen knifes (a total of 30.5cm, a knife 19cc), which are dangerous things in the kitchen, from the place specified in paragraph (1) to the place adjacent to the above convenience store for the same reasons as that specified in paragraph (1), and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and F;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Seizure records;

1. Application of the Acts and subordinate statutes to the victim's assaulted body and seized lethal weapons and photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc., of Specific Crimes, Article 283 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the selection of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The defendant's assertion and judgment of Article 48 (1) 1 of the Criminal Act concerning confiscation

1. The alleged defendant saw a knife into the convenience store.