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(영문) 창원지방법원 마산지원 2014.05.27 2012고단300
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

The defendant, who was living together with the victim E (the age of 38), had a good appraisal with the above D and the Hague E.

On February 21, 2012, at around 02:15, the Defendant: (a) told G pharmacy located in Changwon-si, Changwon-si; (b) sent the above E to him a report, stating, “The she arrived at it,” but he was refused to do so; (c) the Defendant read, “Isle, sle, sle, sle, and sle, sle, sle, sle, sle, sle, sle, sle, sle, sle, sle, sle, sle, sle, sle, sle, 18.5cm in total; 9.5cm in daily length).”

Accordingly, the defendant carried dangerous objects and threatened E.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the first offender and the agreement with the victim);

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

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

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