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(영문) 인천지방법원 2014.09.17 2010고단5456

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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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

The defendant is a person who carries out a credit in the Crata in Gyeyang-gu Incheon, and the victim D (54 years of age) is a business owner of the above Srata.

The defendant entered into a contract with the victim on the condition that deposit amount of KRW 15 million shall be paid to the victim. However, unlike the first plan, the defendant requested the victim to return the deposit to the victim if the business was not well operated.

On August 16, 2010, the Defendant requested the victim to return the deposit to the management office located in the management office located in the upper letter above the P.M., however, the victim made a statement to the effect that “the victim is difficult due to the existence of the contract term, because it is difficult.”

Accordingly, the Defendant, when entering a kitchen in the management office of 15:25 on the same day, has taken the kitchen knife, which is a dangerous object, and has taken the above management office of the Defendant into the victim, and has expressed his attitude that he would inflict any harm on the body of the victim if he did not pay the money, such as “inward tax base of, and not within, the money,” “I do not have to pay the money.”

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement made to D by the police;

1. Each investigation report, application of photographic Acts and subordinate statutes;

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 (see, e.g., Supreme Court Decisions 200, Dec. 21, 2001>

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;