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(영문) 수원지방법원 성남지원 2013.08.22 2013고단1422

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 June 23, 2013, at around 23:40, the Defendant stated that the victim D (here, 60 years of age) operated by Sungnam-si A would drink and drink and later pay the amount later to the victim. However, as the victim refused to do so, the Defendant 1 would be able to see the beer’s disease on the part of the victim, which is an object dangerous to his/her hand, and her hand. The Defendant 23:40 on June 23, 2013, 200, she called “the killed” and “the victim would not want to kill the above shoulderer’s disease on the part of the victim, which is a dangerous object that she gets away from the victim’s hand.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written statement;

1. Application of statutes, such as 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of serious danger by carrying a shoulderer disease with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59(1) of the Act on Probation, etc. was committed, or the same type of criminal offense was old, and agreed with the victim.

The same type as the order shall be determined in consideration of all the above points.