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(영문) 수원지방법원 평택지원 2015.03.26 2015고단225

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

On December 27, 2014, at around 23:20 on December 27, 2014, the Defendant: (a) in the “C Kicking Business” operated by the Defendant in Pyeongtaek-si B, the Defendant threatened the victim with D (49 years of age) and fare issues; (b) was shaking the victim’s hair; (c) continued to do so with the kitchen knife ( approximately 30cm in total length, approximately 20cm in knife) which is a dangerous thing in the kitchen; and (d) threatened the victim in a manner that seems to have shown the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of the photographic 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. Circumstances favorable to the reasons for sentencing under Article 62 (1) of the Criminal Act suspended execution: The appearance of the crime is inferior, there is no gravity of serious punishment, and the motive of the crime, and circumstances unfavorable to him/her;