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(영문) 의정부지방법원 2014.05.13 2014고단705
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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

Defendant,

1. From around 01:40 on December 28, 2013, the “D” restaurant operated by the victim C (n, 41 years of age) located in Pyeongtaek-gun B, the victim reported to the police on the fact that the Defendant and the unsatisfed winners of the name of the Defendant at the said restaurant, using a kitchen knife (30cm in total length) which is a dangerous object, and threatening the victim by means of the victim, such as pressing the kitchen knife, sticking the kitchen knife, sticking on the knife.

2. At around 21:05 on the same day, at the places indicated in paragraph 1, the victim was threatened by means of “abbsing off the rest”, such as “absciring the rest of the kitchen (30 cm in total length)” in holding the victim for the said reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (related to blades used by suspects, etc.);

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Determination of Punishment] - Types 4 (Habitual Cumulative Offense, Special Intimidation): In cases where a person committed a crime by group or multiple force, or carried a deadly weapon or other dangerous articles, or committed a crime by carrying a dangerous weapon or other dangerous articles [the scope of recommendations] / [the scope of recommendations] 8 months to 2 years [the scope of applicable provisions of applicable Acts] : One year to 3(1) and 2(1) 1 of the breadth Act: A statutory punishment of Article 3(1) and 2(1) of the breadth Act: General : A contingent crime / [Determination of a sentence of punishment] / A person who finds a victim who operates a restaurant under the influence of alcohol using a knife two times, and the nature of the crime is not good.

When considering the unfavorable circumstances of the defendant, such as the fact that there are many criminal records of the same kind and that there are no agreement with the victim.

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