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(영문) 창원지방법원 통영지원 2013.07.04 2012고단1034
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. On April 16, 2012, the Defendant made a false statement to the victim D, stating, “I will pay back money immediately if I lend money.”

However, the defendant did not have any intention or ability to repay the above money.

The defendant was given three million won in his job to the victim.

2. From May 17, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) cited the knife knife (the total length of 25 cm), which was a deadly weapon, in the main room on the ground that the victim D was to pay the amount of money at the place specified in paragraph (1) at around 17:00, and said, the Defendant said that the victim “nife it is a tax base

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article of the Criminal Act, Article 347(1) of the Criminal Act (Fraud, Selection of Imprisonment with Labor), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act concerning criminal facts;

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (i.e., repeated circumstances favorable to the defendant among the reasons for sentencing), six months to one year and six months are recommended (in the case of the crime No. 1 at the time of sale, recommendation for the mitigation area of the type of crime (a recommendation for fraud below KRW 100 million as a special mitigation factor) and recommendation for the mitigation area of the type of crime (a recommendation for the mitigation area of punishment as a special mitigation factor) as to the crime No. 2 of the judgment, recommendation for the mitigation area of the type of crime(a recommendation for the mitigation area of special intimidation) (a recommendation for the mitigation area of punishment as

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