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(영문) 수원지방법원 성남지원 2014.08.28 2014고단1152

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.However, the execution of the above imprisonment for a period of two years from the date this ruling becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a person who was living as a tenant of the first floor underground in Seongbuk-gu, Seongbuk-gu, Sungnam-gu.

On May 8, 2014, at around 22:20, the Defendant, a lessor, living on the second floor of the above residence, expressed that, under the influence of alcohol, the Victim Do (70 years of age), was able to take a bath to the victim, fluor, and the victim, who did not attend the phone, wanted to make a telephone to E, the actual contractor of the above first floor, in order to demand the victim to unfold the room. However, the Defendant threatened the victim with a monmonet (30cm in length), carrying with him a monet (30cm in length) which is a dangerous object, and fluored with the victim, and knife it with the knife and knife. The Defendant threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

2. Application of the police statement law to D;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the injured party does not want the punishment of the accused, etc.);

3. Article 62 (1) of the Criminal Act;

4. Probation and community service order under Article 62-2 of the Criminal Act;