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(영문) 수원지방법원 평택지원 2014.05.29 2014고단328
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 09:00 on March 8, 2014, the Defendant threatened the victim with the “E Licensed Real Estate Agent” office of the victim D (the 69 years old) in Pyeongtaek-si, on the ground that the victim did not fully repay the amount of KRW 50,000,000 that he borrowed from the Defendant. A knb, which is a dangerous object that the victim borrowed from the Defendant, (the total length: 35cm, 10cm:0cm: 10cm in length of the knb, knb: 10cm in length of the knb) by taking the knb, which is a dangerous object that the victim borrowed from the Defendant.”

2. The Defendant violated the Punishment of Violences, etc. Act (the act of causing damage to a group, deadly weapon, etc.) committed intimidation as referred to in paragraph (1) at the same time and place as referred to in paragraph (1), and thereby has damaged the utility thereof by getting the victim D’s market value, which is a dangerous object, on several occasions and at the same time and place as referred to in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim;

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 concerning the crime concerned, Article 283 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the confession of the accused while committing the crime; (b) there are circumstances that may be particular consideration in the motive of the crime; (c) the victim does not want the punishment of the accused; (d) there is no record of punishment exceeding the fine; and (e) the age, character and conduct of the accused; and (e) other circumstances after the crime were considered.

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