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(영문) 창원지방법원 통영지원 2012.12.26 2012고단1068

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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

1. On July 3, 2012, the Defendant violated the Punishment of Violence, etc. Act (collective intimidation) and threatened the victim with a knife, a dangerous weapon (total length of 30 cm and 18 cm length of knife), which was in the kitchen, on the ground that the victim C (here, 53 years of age) was in the D restaurant operated by the victim C (here, 53 years of age), who was in the kitchen B, and the victim did not receive his/her own telephone with another male, and threatened the victim with a knife (total length of 30 cm and 18 cm).

Accordingly, the Defendant, while carrying a deadly weapon, threatened the victim.

2. On July 4, 2012, the Defendant: (a) around 19:00 on July 4, 2012, at the entrance of the kitchen at the above D D D restaurant; (b) on the ground that the victim was not subject to his own telephone, and (c) on the ground that the victim’s market value at the entrance of the kitchen was broken off by 30,000 won, which was the victim’s possession.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of the relevant photographs, damaged photographs, and investigative reporting statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act and Article 366 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 reason for sentencing in Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant carried a deadly weapon with the victim, but the victim made a report to the police due to this, and the victim made a report to the police again, and its error is very high in that the crime of destroying and damaging property under Article 62-2 of

However, in consideration of the fact that the defendant reflects his mistake and agreed with the victim, the sentence of suspended execution is to be rendered after discretionary mitigation, and the above circumstances and the crime of this case are committed.