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(영문) 수원지방법원 여주지원 2013.05.31 2013고단107
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six 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

On December 28, 2012, at around 11:37, the Defendant: (a) sought a statement from the victim C (the age of 34) to the effect that “in connection with the payment of the cost of work for sckes in the process of the removal, the victim C (the age of 34) who is an article of sckes and the sckes will prevent any construction work; (b) will prevent any construction work; and (c) will not be performed” from the victim; and (d) the Defendant, who is a dangerous object in the Defendant’s vehicle parked therein (the total length of 37 cm, daily length of 24 cm) and threatened the victim by turning on the improvement to the victim.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes to damaged parts, photographs, seized objects and photographs of the victim;

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (including the fact that the crime of this case was committed in the course of vision with the victim and the defendant has no previous conviction except for one time a fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Social service order under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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