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(영문) 수원지방법원 2014.04.18 2012고단6211
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

Criminal facts

1. Around November 17, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) stated that the victim D (30 years of age) who passed the place where the victim D (30 years of age) was living while working in the corridor of the first floor of the 1st floor of the Suwon-gu, Suwon-si, the Defendant expressed that “I would like to do so, I would like to die. I would like to do so. I would like to die. I want to do so? I would like to do so? I would like to die. I would like to do so? I would like to do so? I would like to do so.” By taking a knife knife (10 cm a day, total length 22 cm) which is dangerous in the main machine, we would like to see the victim and threatened the victim with the above knife on the right side of the victim.

2. On November 17, 2012, the Defendant: (a) investigated the case of intimidation in the F District of the Suwon Police Station F District in Suwon-si, Suwon-si, Suwon-si; (b) stated the name and resident registration number of a pro-friendly G in lieu of the Defendant’s personal information; and (c) stated “G” in the confirmation column of the confirmation document in order to conceal the fact that the case of intimidation was discovered.

Accordingly, the Defendant forged G’s signature for the purpose of exercising the right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of H and I prepared;

1. Seizure records;

1. A written arrest of a flagrant offender;

1. A certificate;

1. Application of the Acts and subordinate statutes concerning seized articles, photographs and images;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles) and Article 239 (1) of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1,

1. Article 62 (1) of the Criminal Act (Consideration of the previous sentence and the fact that the defendant has no sentence in the last fifteen years) ;

1. Article 48 (1) of the Criminal Act of confiscation;

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