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(영문) 수원지방법원 2014.04.21 2013고단7190

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

At around 11:50 on December 11, 2013, the Defendant, while drinking alcohol together with the victim E (manam and 45 years of age) who is a senior employee village in Osan City, within 210, the Defendant committed a dispute arising from mobile phone charges paid by the Defendant on behalf of the victim, and went back to the beer, who is a dangerous object, and then was threatened with the beer’s disease. After doing so, the Defendant threatened the beer’s disease by taking advantage of the part of the victim’s neck, thereby threateninging the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of statutes on site photographs;

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 (Considerations, etc. agreed with the victim);

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 186(1) of the Criminal Procedure Act or more of the cost of lawsuit;