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(영문) 창원지방법원 마산지원 2013.06.19 2013고단341
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant is a person who operates in Masan-si, Masan-si, Masan-si B, with the trade name of "Masan-si".

At around 05:10 on March 15, 2013, the Defendant, while drinking alcohol together with the victim D (year 47) on the second floor, had the victim wanted to pay 500,000 won in good faith to smartphones lost during the said inn, but the victim increased the money and reduced the amount of money, and used 1 knife knife (15 cm in knife length) as a dangerous object in the main room located adjacent to the 2nd floor guide room of the 2nd floor, and added the above excessive amount to the victim. Accordingly, the victim seems to have expressed the attitude of threatening the victim to inflict any harm on the body of the victim as the victim gets out of the back of the 2nd floor guide room of the 2nd floor.

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. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (agreement, reflectment, etc.);

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