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(영문) 부산지방법원 2014.10.30 2014고단7322

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2014, at around 21:50, the Defendant: (a) did not pay money from the victim E, who was aware of infinite relation, at the victim E’s residence located in Busan Y, and (b) expressed the victim’s family member’s attitude that he was able to inflict a bodily injury on the victim and his family members, by putting the victim’s and his family members, which are dangerous things in the kitchen, for the reason that he was informed of fint fint in his family member. (24 cm in total length, 13 cm in the blade length).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing seized articles;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (with the records of the same kind of crime, the circumstances of this case, the fact that there was no direct damage to the body, the agreement, reflectivity, etc.);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (recognisive of discretionary mitigation) or more;