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(영문) 대전지방법원 천안지원 2013.06.13 2013고단385
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 March 14, 2013, the Defendant: (a) was a person working as an employee in Asan City C (State)D with the Vietnam nationality; (b) was engaged in assembly work with the victim E (the age of 18) working in the above Company B factory on March 14, 2013; (c) was informed the F of the fact that the Defendant was operating only a mobile phone instead of his work; (d) was using a knife knife (the total length of 33 centimeters, the knife length of 20 centimeters) which is a dangerous object in the vicinity; and (d) threatened the victim with the victim’s face and threatened him as a knife.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement concerning E and G;

1. H’s self-statement;

1. Application of Acts and subordinate statutes to photographs, such as site;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although the nature of the crime is extremely poor in light of the risk of the means of committing the instant crime for sentencing under Article 62(1) of the Criminal Act, the probationary sentence is imposed at the same time after mitigation of statutory punishment in consideration of the Defendant’s occupation, family relation, etc., and the execution of the sentence is suspended.

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