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(영문) 수원지방법원 성남지원 2013.10.18 2013고단1798

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six 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

At around 19:53 on May 29, 2013, the Defendant: (a) 19:53, the Defendant: (b) taken a bath at a restaurant located under the Mannam-si B, Sungnam-si, for the purpose of searching for a knife with the wall located behind the victim, where the victim D, who was a side of the Defendant, was able to take the bath and drink the drinking by drinking the Defendant, and (b) was able to take the knife the knife, which is a dangerous object to the head of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order shall be determined as the same as the order, in consideration of the fact that the accused is committed, and the victim does not want the punishment against the accused;