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(영문) 전주지방법원 군산지원 2012.12.26 2012고단2611
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

Defendant

A shall be punished by imprisonment for eight months.

However, for two years from the date this judgment became final and conclusive, the above sentence against Defendant A.

Reasons

Punishment of the crime

Defendant

A, around 07:30 on June 16, 2012, around 07:0 on the following day, the victim threatened the victim by putting the knife, a dangerous object, which was disputed by the truck operated by the victim D (the age of 34) on the access road, for the reason that the truck parkeded on the access road and obstructed the path, and putting the victim into the knife from the front one meter of the victim to the breast part of the victim.

Summary of Evidence

Defendant

A Application of A’s Legal Statement, Police Statement Act to D

1. Relevant Article of the Punishment of Violences, etc. Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectiveness, non-conformity with punishment);

1. Suspension of execution: The charges charged for dismissing the prosecution under Article 62(1) of the Criminal Act: Defendant B, at the time and place specified in the facts constituting an offense, shall be deemed that A, who was aware of it, has a horse dispute with the victim at the time and place specified in the judgment of the court, and assaulted the victim by three times in the floor of hand and three times in the inner part of the victim D's knives, and by drinking;

Article 327 subparagraph 6 of the Criminal Procedure Act, which is not punishable

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