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(영문) 수원지방법원 2013.11.08 2013고단3170
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 14, 2013, at around 22:05, the Defendant threatened the victim with the fact that the victim D (the victim aged 56, female) demanded the payment of accommodation expenses, and the victim was in possession of a dangerous object that was in possession of the curine with the demand for the payment of accommodation expenses. The Defendant threatened the victim with the curine (the total length of 16.5 cm) toward the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes concerning photographic images;

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the accused repents the wrong facts, etc.);

1. Article 62 (1) of the Criminal Act (including the fact that the criminal defendant is not subject to a suspended sentence);

1. Social service order under Article 62-2 of the Criminal Act;

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