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(영문) 수원지방법원 2013.10.16 2013고단3942
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

At around 22:45 on June 18, 2013, the Defendant: (a) got drunk in the C Hospital 511 sick room located in Heung-gu, Young-gu B; (b) took a breath to the victim D (the age of 83) and took a breath to the end that “I will die,” and threatened the victim “I will die.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Mitigation of discretionary mitigation of circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) of the Criminal Act, including the fact that there is no special criminal record in addition to confession, reflectivity, and fines);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

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