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(영문) 인천지방법원 2016.02.03 2015재고단80

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2015, the Defendant thought that he want to live separately even in prison due to the difference of the nature with his parents residing together with ordinary people. On the other hand, on April 4, 2015, the Defendant tried to talk with his parents in prison, went through a dispute with his parents, and talked with his house and C Park, and tried to enter prison by having see the words “to come into the tea prison” from his prison while having telephone conversations with his parents.

On April 4, 2015, at around 19:00, the Defendant purchased excessive (10cm in blade and No. 1) that is dangerous goods at the “D convenience store” located in the above C Park, and entered the “F convenience store” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, around 19:14 on the same day, and threatened the Defendant with the Defendant’s entry into the “F convenience store” located in the “F convenience store” located in Bupyeong-gu, Incheon, which is an employee G (19 years of age) and threatening the Defendant to “I pay money to the Defendant,” and “I will offer money to the Defendant’s safe,” at the right money located in the seat of the passenger G (19 years of age).

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Seizure records;

1. Application of CCTV Acts and subordinate statutes;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that a conflict with a parent who was under the suspension of execution led to the crime of this case by contingency to enter a prison, and the victim does not want to be punished against the defendant);

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