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(영문) 전주지방법원 정읍지원 2014.06.03 2014고단152
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

The defendant is a person who operates a restaurant with the trade name of D in Jung-Eup City, and the victim E (V, 63 years old) is a person who supplies a collection facility and a day to the above restaurant.

On March 27, 2014, at the above restaurant around 13:40 on March 27, 2014, the Defendant used excessive (12.5cm in the blade length, 23cm in the total length) as an object dangerous in the main room where the victim’s bath theory against the Defendant’s her children was dissipatedly defective, and said, “hump, she will die, die.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the first offender and the agreement with the victim);

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

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