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(영문) 수원지방법원 안양지원 2014.06.26 2014고단543
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

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

At around 20:20 on March 11, 2014, the Defendant, at the convenience store operated by the Victim D D in Ansan-si, had been displayed (No. 1, 10cm in length, 12cm in length, 22cm in total, 12cm in length, 12cm in length, 22cm in total) and had first opened the package before the payment of money, and tried to do so before the payment of the money, and he heard the phrase “Calculation first,” “I need to grow up by four” from the victim, and threatened the victim with the above and the part of the victim, which is a deadly weapon, with a brut.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records and related documents;

1. A criminal investigation report and a screen of the CCC TV at the scene of the crime;

1. Receipt of excessive blades purchased;

1. Application of Acts and subordinate statutes, such as excessive blades and photographs possessed by the defendant at the time of arrest;

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

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of recommendations: Basic area (six months to one year and six months) for the crimes of intimidation in six months or one year and six months;

2. The decision of sentence shall be made in the same way as the main sentence, taking into consideration the fact that the defendant has agreed with the victim in depth;

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