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(영문) 창원지방법원 밀양지원 2015.01.22 2014고단457
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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

1. On August 13, 2014, the Defendant, who violated the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) expressed the victim’s desire to “marging baby” by using the victim’s improved ( approximately 40 cm in total length, approximately 20 cm in daily length), which is a dangerous object, as his/her hand, at around 21:50 on the alleyway of the military, and by using the victim’s improvement ( approximately 40 cm in total length, about 20 cm in daily length), thereby threatening the victim’s life or body.

2. The Defendant: (a) taken the victim’s face at a time and place above; (b) taken the victim’s face several times by drinking the victim’s face; (c) taken the victim’s face at several times; and (d) taken the victim’s face in an unsatisfying of the necessary treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Statement of the police statement of E;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 257 (1) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social service order under Article 62-2 of the Criminal Act;

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