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(영문) 부산지방법원 2014.03.14 2013고단5586

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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

1. Around 01:00 on May 25, 201, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) made misunderstanding that the victim would desire to sound in Korean language while working together with D (the age of 61) at the time when he/she was in operation in the inshore of the Han-si, the Han-gu, Jeju-do, Korea, would make misunderstanding that he/she would want to sound in Korean, and threatened the victim as if he/she had a knife a lethal weapon in his/her hand, with the knife length of the knife (20 centimeters).

2. On June 15, 2013, around 19:30 on the 19:6.6. 19:30, the Defendant: (a) on the C vessel operating at the sea of approximately 60 math (60 years old); (b) on the part of the victim E (48 years old); and (c) on the part of the victim’s face, the Defendant was satisfing with the victim for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. G statements;

1. Police seizure records;

1. Application of the Acts and subordinate statutes governing a medical certificate, on-site inspection of actual conditions;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes and Selection of Punishment of Punishment of Violences, etc., Article 283 (1) and Article 257 (1) of the Criminal Act (the occupation of intimidation by carrying a deadly weapon) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 62 (1) of the Criminal Act (the first offender, the victim E-Punishment, the confession, and reflective nature);

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