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(영문) 청주지방법원 2014.02.20 2012고단347
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

On February 4, 2012, at around 17:12, the Defendant: (a) moved to the D gas station that the Defendant works as the gas station located in the Chungcheongnam-gun of Chungcheongbuk-gun; (b) demanded the victim to have flown out of the main residential area and continued to remove the vehicle; and (c) made the victim to request the company to keep the vehicle in transit while cleaning the vehicle; (d) the Defendant had the net value (30 cm in length, 33 cm in diameter in diameter in diameter in the storage of the said gas station) which is a dangerous object in the storage of the gas station, and expressed the attitude of threatening the victim to inflict bodily harm on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on watch keeping and on-site photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 283 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. In full view of all of the reasons for sentencing under Article 62(1) of the Criminal Act, including: (a) the Defendant acknowledges and reflects all of his or her mistakes; (b) the Defendant experienced difficulties in controlling appraisal after brain surgery; (c) the Defendant agreed with the victim; and (d) the Defendant has no criminal history of the same kind; and (b) the sentence is to be determined like the order.

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