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(영문) 수원지방법원 2013.06.05 2013고단243

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

[2013 Highest 243] Around 17:00 on December 15, 2012, the Defendant threatened the victim with the “E” office of the victim’s D operation in Suwon-si, Suwon-si, with respect to the treatment of the accident, such as the compensation for the victim’s accident at the construction site, etc.

[2013 Highest 1549] On March 28, 2013, the Defendant invadedd the residence by opening the entrance door of 201st floor through the gate to deliver correspondences to the victim G, which was located in F2nd 201st 2nd 201 in Suwon-si, Suwon-si, Suwon-si, in order to deliver correspondences to the victim.

Summary of Evidence

[2013 Highest 243]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure [2013 senior group 1549];

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the main sentence statute;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, and the choice of imprisonment);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Decision 201Da1548, Apr. 2,

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

1. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;