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(영문) 전주지방법원 2015.03.26 2014고단2077
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

Criminal facts

At around 23:35 on November 5, 2014, the Defendant threatened the victim E (here, 46 years of age), a business owner, with a knife, a deadly weapon, with a knife-ray (28 cm in total length, 15 cm in length) and a knife the knife, which is a deadly weapon, on the ground that the victim E (here, 46 years of age), who was the owner of the business, made a telephone and urged the payment of the drinking value by telephone, and urged him/her to do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police seizure records;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant repents his mistake and smoothly agrees with the victim, and the defendant has no record of serving a heavier punishment than that of the same criminal record or fine, in cases of the defendant);

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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