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(영문) 수원지방법원 평택지원 2013.10.30 2013고단1196
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

The defendant resides in the B apartment house 105 Dong 402, and the victim C (V, 44 years old) is a person who resides in the same 502 unit.

On July 14, 2013, at around 00:05, the Defendant: (a) saw the finger (6 cm, 32 cm) which is a dangerous object that had been kept in his/her house as a result of the sound 502, wherein he/she lives in the victim; and (b) found the above 502 knick (32 cm per day) and then the victim saw the front string, and then saw the front string, the Defendant 502 front of the 502nd floor of the knick.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to the site and photographs of seized articles;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 201; Supreme Court Decision 2009Da1548, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same circumstances as the above);

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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