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(영문) 창원지방법원 마산지원 2015.09.15 2015고단601
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 21, 2015, at around 15:15, the Defendant: (a) requested victims E (52 years of age), F (53 years of age), G (48 years of age) to provide alcohol in the said restaurant while under the influence of alcohol at the D restaurant located in the Hanam-gun, Hamnam-gun, and (b) but refused to provide alcohol; (c) stated that the Defendant was a dangerous object outside the said restaurant (45 cm in length, 20 cm in length, and knife in length) and called “the knife” to the victims; (d) called “the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif; and (d) stated the victims.

Accordingly, the defendant carried dangerous objects and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes to the improvement and flachising of photographs;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. The grounds for sentencing under Article 62 (1) of the Criminal Act are divided and agreed with victims, etc.;

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