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(영문) 전주지방법원 정읍지원 2014.05.20 2014고단93
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 15:00 on November 15, 2014, the Defendant threatened the victim E (hereinafter “D”), who is a construction business entity, with a deadly weapon (27cm in length, 13cm in length on a day) in his/her hand, and with the victim’s knife in his/her floor, on the ground that the victim E (39 years of age) who is a construction business entity, did not promptly proceed with the construction work.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the first offender and the agreement with the victim);

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

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

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