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(영문) 부산지방법원 2015.09.10 2014고단9344
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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 November 10, 2014, at around 19:15, the Defendant: (a) demanded the victim E (60 years of age) who thought that the Defendant would have to control on the front of the “D Apartment” road of the Young-gu Busan Metropolitan City, for the reason that he would without permission to do so; (b) demanded the victim E (60 years of age to drink and drink alcohol; (c) but was able to do so by considering the hacks (21cm in length, 33 cm in length) which are dangerous objects in the Defendant’s house, by hearing the hacks and talking the hacks from the victim, which are dangerous objects in the Defendant’s house and hacks the victim’s body, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of seizure records, knives and photographs statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 283 (1) of the Criminal Act (the point of intimidation by using dangerous articles);

1. Article 62 (1) of the Criminal Act (i.e., confession and the first offender);

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

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