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(영문) 의정부지방법원 2014.05.29 2014고단1397
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. At around 13:00 on April 28, 2014, the Defendant: (a) expressed the victim’s “Eju shop” operated by the victim D in Dongducheon-si; (b) expressed the victim’s desire not to drink; and (c) made the victim’s drinking fright using the crepan influence without any escape from the victim’s seat; and (d) stolen the victim’s drinking fright 20,000 knife, the market value of the victim’s possession, which was 20,000 won at the victim’s seat.

2. On April 28, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective intimidation, deadly weapons, etc.) (collectively, deadly weapons, etc.) in the “H restaurant operated by the Victim G (F) in Dongducheon-si, F on April 15:0, 201,” the charges of the knife (30cc in total length, 19cc in knife length) and knife (19cc in knife length), which are dangerous articles stored in the examination plastic paper, are “knife”. However, according to the seized knife photograph, the knife is deemed to be excessive, even if it is recognized without the amendment to the indictment, it would not affect the Defendant’s exercise of the right to defense. Therefore

(1) The 32 cm in length, 20 cm in blades, and the knife in knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant carried a knife, which is a dangerous thing, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and D;

1. G statements;

1. Records of seizure, the list of seizure and the photograph of seized knife;

1. The application of Acts and subordinate statutes to a criminal investigation report (the address of the place and time of occurrence of the crime), recording, and recording;

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, Article 329 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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