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(영문) 창원지방법원 마산지원 2014.03.27 2013고단996
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

except that 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 November 15, 2013, the Defendant: (a) around 07:50 on November 15, 2013, on the ground that the victim E (n.e., 53 years of age), a multi-level business owner, had his/her own living woman and himself/herself different from that of his/her previous living woman, and (b) followed the victim; (c) during the victim’s response, the Defendant used a knife type (31cm in total length, 21cm in length) that was dangerous for the victim to have his/her knife himself/herself, and said, “Choman” as the victim’s knife with the victim’s knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (limited to attachment of photographs of criminal implements);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant agrees with the victim and is against the victim);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for discretionary mitigation)

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