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(영문) 수원지방법원 안양지원 2013.09.13 2013고단645

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not less than eight 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 16, 2013, the Defendant was the victim D (Nam, 51 years of age) and Si expenses while withdrawing cash from the cash payment instruments installed in the location of the “Cma” located in the Mandong-gu, Ansan-gu. B. The Defendant was the victim D (Nam, 51 years of age) and Si expenses.

At around 12:30 on the same day, the Defendant used a knife (32 cm in total length, 20 cm in a knife) which is a deadly weapon purchased in advance by the Defendant for the foregoing reasons as above, and said that he would be “be dead,” while finding the victim.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. The punishment as ordered shall be determined in light of the fact that the crime for sentencing under Article 48(1)1 of the Criminal Act is against the reason for sentencing and the victim does not want the punishment;