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(영문) 부산지방법원 2014.04.10 2014고단1259
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

Around December 2008, the Defendant filed a civil petition against the said construction on the ground that he was not paid compensation to the farming organization owned by the Defendant in the course of the district development project by the Korea Land and Housing Corporation, but did not intend to do so. At this time, the Defendant continuously filed a civil petition against the Busan Viewers and did not intend to do so. Nevertheless, from December 17, 2012 to December 17, 2012, the Defendant had requested the payment of compensation on the Defendant’s cargo vehicle, with a banner stating, “CM if the Busan City City is a job, whether it is a walked or damp, or whether it will be taken into consideration.”

At around 14:00 on January 14, 2013, when the Defendant was operating a cargo vehicle with the aforementioned banner installed in the Busan Viewer, the Defendant refused to hear the horses from the victim D, who was the Busan Viewer of the viewing of the city, “(influoring the market, insulting the contents of the banner) to remove illegal universality,” and the victim refused to do so, which is a dangerous object to the above cargo vehicle, and the victim gets off from the vehicle with the piracy, which seems to have been at the time of the victim’s head, and threatened the victim with the dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 (Consideration of crimes, consideration of circumstances of crime, no penalty of the victim, reflectivity, etc.);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (recognisive consideration of discretionary mitigation) or more;

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