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(영문) 수원지방법원 안산지원 2013.04.10 2012고단2038
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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

Punishment of the crime

1. Around August 3, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) made a intimidation, such as taking the victim’s neck (25 cm in length) into the part of the victim, and threatening the victim’s “E”, which was in dispute with other customers at the restaurant of “E” operated by the victim D (the age of 46) at Sinizing the victim D (the age of 46).

2. The Defendant interfered with the business of the victim by force for about 30 minutes, such as, at the above date, time and place, booming the trial expenses to other customers under the influence of alcohol, booming the victim D’s ebbbage, and preventing customers from eating, thereby obstructing the victim’s restaurant operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute on 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 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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;

1. Article 62 (1) of the Criminal Act in the suspension of execution (the fact that the damage is not much serious and it is against the law);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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