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(영문) 수원지방법원 성남지원 2014.04.23 2014고단518

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 of the final judgment.

Reasons

Punishment of the crime

At around 11:10 on March 4, 2014, the Defendant: (a) attempted to receive a service because it does not function well in the “C” located in Seongbuk-gu, Sungnam-si, the Defendant, but (b) expressed that the victim D (the age of 31) made a speech to the effect that the victim “accomforing a general agency with counseling,” “accomforing a general agency with counseling,” thereby threatening the victim by stating that the transition (the total length of 22cc and 11ccm in the blade length) in his possession was taken out to the victim, and thereby threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to evidence photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 283 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 201);

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

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