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(영문) 인천지방법원 부천지원 2012.11.28 2012고단1729
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 01:00 on June 29, 2012, the Defendant: (a) brought about a dispute with the victim C (the age of 37) and the apartment sales agency service fee payment for the apartment sales center in Bupyeong-gu, Seocheon-gu; (b) brought about excessive (15cm in length) as an object dangerous to the Plaintiff, and threatened the victim, “I want to go back as to whether I will see this rings and four days,” and “I want to go back as to whether I will go to see, I will go to see, I wish to go to do so).”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D or C by the police;

1. Application of Acts and subordinate statutes on copies of criminal complaints;

1. Under Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act regarding criminal facts, and Article 283(1) of the Criminal Act, where there is no objective evidence that the victim attempted to collect any illegal collection with his/her own claim, the Defendant, who is the debtor, has threatened the victim, who is the creditor, by putting a knife.

The defendant has no effort to recover from damage up to now, and has not been able to receive any remedy from the victim.

Unlike the situation where the victim cannot repay his original obligation, it is consistent with the attitude that his behavior is very somewhat less and not separate. Rather, considering the defendant's statement contents and attitude in the investigative agency and court where the victim tried to mobilize her fluence, and the victim's response after the crime was committed, it can be found that there is no particular reason to reduce the punishment or suspend the execution of the punishment in the crime of this case, in full view of the circumstances after the crime of this case, such as the victim's fluence to the victim and fluence in the investigative agency and court, and the victim's response after the crime of this case.

Therefore, the sentence is imposed as ordered.

However, in order to give an opportunity to recover actual damage, the court does not place a statutory detention.

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