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(영문) 인천지방법원 2013.04.25 2013고단103

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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

1. On November 28, 2012, at around 07:50 on November 28, 2012, the Defendant damaged the victim’s property by drinking alcohol cooling plants installed adjacent to the State bank, and destroying the victim’s property by drinking alcohol cooling plants installed adjacent to the State bank.

2. Violation of the Punishment of Violences, etc. Act (Intimidation, such as group, deadly weapon, etc.) stated that the Defendant was at the time, at the place, Paragraph 1, and at the place, the Defendant was frightened from the victim F, who was a customer with the said place, and the Defendant said that he was at the bar, with a knife ( approximately 30cm in total length, approximately 20cm in knife length, about 20cm in knife in total), and that he was at the seat of the victim, and that the Defendant stated that he was “the knife of knife

Accordingly, the defendant carried a knife with a deadly weapon and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Articles 283 (1) and 366 of the Criminal Act;

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

1. Discretionary mitigation: Consideration under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the fact that the defendant reflects the depth of the defendant, the fact that the defendant has agreed with the victim C, the fact that the defendant has a previous conviction of a fine for a limited time, the fact that the defendant was committed in the state of detention, the fact that the defendant was relatively old, and the extent of each damage);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Community service order: It shall be decided as ordered for the reason under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;