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(영문) 부산지방법원 2014.06.13 2014고단3113

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 03:05 on March 23, 2014, the Defendant: (a) opened a knife at “D restaurant” located in Busan Seo-gu, Busan; (b) opened a knife (20.5cm in the knife length, 33cm in the total length) with the victim’s E (the knife) while drinking alcohol with the victim, etc. on the ground that the Defendant and the victim were too away; and (c) moved into the above knife (20.5cm in the knife length, 33cm in the knife) with the Defendant’s dwelling, and threatened the victim as if the victim were with a knife. on the side of the knife of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;