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(영문) 창원지방법원 2014.12.19 2014고단1873
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 of the final judgment.

Reasons

Punishment of the crime

On June 24, 2014, at around 15:25, the Defendant, while under the influence of alcohol on the front of the window C of Changwon-si, 30 cm in length, took a dynamic car owned by the victim D (V, 37 years of age) who is parked therein, in his/her hand, and sound “a person is hiding in the vehicle,” and “a person is hiding in the vehicle.”

Therefore, the victim opened the door of the above vehicle, and the defendant confirmed that there is no person in the vehicle, and thereby, the defendant threatened the victim by using the lick, which is a dangerous object in possession of "if any, anywhere, any, any, and any, any," and by threatening the victim to get out of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on watchic photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 283 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (Consideration to the agreement with the victim, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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