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(영문) 부산지방법원 2013.05.07 2012고단10429
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

No. 3.

Reasons

Punishment of the crime

On November 04, 2012, around 19:30, the Defendant: (a) found the victim on the ground that water was franched in the Defendant’s house, the lower floor before the Victim D (49 years of age) of the Busan Young-gu C apartment 202, 808, the Defendant threatened the victim by threateninging the victim with excessive one manuous weapons (20.5 cm in total length, 9.8 cm in a knife length) which was a deadly weapon in the Defendant’s house, and threatened the victim by threateninging the victim as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the first offense, the agreement with the victim, the first instance, the first instance with visual disability, the second instance with visual disability, and the second half);

1. Article 62 (1) of the Criminal Act ( considered the above circumstances);

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

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