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(영문) 창원지방법원 마산지원 2014.07.22 2014고단575

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 shesheshel of the victim who reported the marriage between the victim B(n, 32 years of age) and the victim who reported the marriage between about five years of age.

1. From April 23, 2014, the Defendant: (a) from around 19:00 on the same day, from around 19:20 on April 23, 2014, 19:20 of the same day, the Defendant got out of the bar on the ground that the 19:20 slope was Dogra 204 of Changwon-si, Changwon-si, the victim was frequently staying home and frequently staying abroad; (b) however, the Defendant threatened the victim by stating that the knife (34 cm in total length, 20.5 cm in length) which is a dangerous object (20 cm in total) was said to go out of the bar and

2. At around 16:30 on April 24, 2014, the Defendant: (a) at the place under the preceding paragraph, at the victim’s location, carried a knife knife, which is an object dangerous to the protection of the victim’s flood; (b) and (c) continuously carried out the victim’s visit with a knife knife knife (71cm in length, 23cm in width) of the wooden material.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and B;

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

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectiveness and an agreement with the victim);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);