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(영문) 전주지방법원 2013.11.07 2013고단2131
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 19:30 on June 13, 2013, the Defendant: (a) expressed that the victim D (n, 62 years of age) was openly referring to the Defendant’s wife and sold goods; and (b) expressed that the victim would have sold goods by openly referring to the Defendant’s wife; and (c) threatened the victim with the victim’s hys, “I am, I am, I am, I am, I am, I am, and I am dead.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

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. Consideration under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (a favorable circumstances, such as the confession of and reflect against a crime by the defendant, the fact that the defendant agreed smoothly with the victim, the fact that there is no previous conviction exceeding the fine, and the fact that the defendant committed any contingent crime under the influence of alcohol);

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62 (1) of the Criminal Act (recognisive consideration);

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