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(영문) 의정부지방법원 고양지원 2015.06.10 2014고단226

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:50 on July 7, 2013, the Defendant: (a) reported that “D’s victim E (here, 48 years of age), an employee, shall work in advance and provide food to customers at the “D’ restaurant” where the Defendant, who is an employee, working in Gyeyang-gu C, Goyang-gu, Goyang-si; (b) stated, “I will come to the president of Nek-si, after receiving the call from the customer, I will come to the seat of the customer; (c) sealed the victim’s right shoulder on both hand, and pushed down the victim’s right shoulder on the main floor; and (d) threatened the victim’s kn (total length: 43 cm, blade length: 30 cm) with the victim’s face, and threatened the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning the case

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. The punishment shall be determined as ordered in consideration of the facts showing the reason for sentencing under Article 62(1) of the Criminal Act, the confession of the accused and contingent crimes; the victim does not want the punishment of the accused; the state of the accused's health is not good; there is no record of punishment exceeding the fine; the age, environment, family relationship, circumstances and details of the crimes; and all other conditions of sentencing;