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(영문) 창원지방법원 통영지원 2014.04.24 2013고단1064
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around November 3, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective intimidation, deadly weapons, etc.) expressed that the victim D (Nam, 47 years of age) who was working in the house of the “C” company with the fourth floor of the building B at the time of 03:05, the Defendant expressed drinking time to the victim D (Seoul, and 47 years of age) who was working in the house of the “C” company at the time of the 4th floor of the building B, but said the victim was deprived of the disease on the ground that the victim refused the drinking, and threatened the victim with the shock shock of the living room in the above accommodation.

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

2. The Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapon, etc.) committed two times the face of the victim E ( South and 43 years of age) who is a workplace guarded the Defendant at the same time and place under the above paragraph (1). As the victim E ( South and 43 years of age) was a dangerous object, and threatened the Defendant with a shoulderer’s disease, which is a dangerous object, and led the victim to two times the face of

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes to one copy of a photograph taken by a shoulderer's disease;

1. Articles 3 (1), 2 (1) 1, 283 (1) (a) and 283 (1) of the Punishment of Violences, etc. Act concerning criminal facts, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (a crime of carrying a dangerous object);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that victims do not want punishment, that the defendants are against themselves, that the defendants are against themselves, and that the defendants have no criminal record in addition to punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2(1) of the Criminal Act regarding community service order;

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