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(영문) 수원지방법원 안산지원 2013.03.21 2012고단2150
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

Reasons

Punishment of the crime

At around 13:10 on September 15, 2012, the Defendant: (a) took dangerous objects on his hand for the reason that the Defendant was sentenced to a fine of KRW 500,000,000 on September 15, 2012 due to the Defendant’s unauthorized intrusion into the house of the victim D (Nam, 42 years of age) located below the Defendant’s house; and (b) took off the victim’s house and walking the victim’s house door, and threatened the victim by opening the front door and doing the victim’s act as the offline, and by threateninging the victim “the victim was subject to a fine due to this dog.”

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Application of statutes on site photographs;

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. The sentence identical to the order shall be imposed in consideration of the fact that the defendant committed the crime with a deadly weapon, the possibility of criticism against the motive for the crime, and the victim want strong punishment, etc., for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the fact that the defendant has no criminal record of probation or heavier, etc.) of the Criminal Act;

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