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(영문) 의정부지방법원 2014.02.12 2013고단4324

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

On November 2013, 2013, the Defendant: (a) Poskin’s house located in Namyang-si, Namyang-si; (b) Poskin’s house located in B drinking alcohol; and (c) Poskin’s house was frighted by D, an employee; (d) Haskin’s house was found on November 6, 2013; and (e) Hask’s house was frighted by the police and the relatives of D, who were called for, and called for, physical fighting.

At around 00:25 on November 7, 2013, the Defendant discovered the Victim G (19 years of age) of the said D’s pro-Japanese Workers G (hereinafter referred to as “F”) on the front line of the Fwork located in Nam-si, Namyang-si, the Republic of Korea: (a) sought D and demanded D to do so, but the victim was in possession of a dangerous object on the ground that the victim did not comply with it; (b) taken a fishing blade (19cc in total length, 8cc in length) into the part of the victim; and (c) acted as the victim’s sea with the said fishing knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D and G;

1. Application of Acts and subordinate statutes on police seizure records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

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

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