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(영문) 의정부지방법원 2014.01.24 2013고단2661
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 10:00 on June 25, 2013, the Defendant threatened the victim E (55 years), one of his creditors, who had been located in the said residential area, with two of the excessive two types of dangerous weapons (20cm in total length, 10cm in knife length) (10cm in front of the stairs No. 704, which are one’s own residential area C, in the blue-si, with blue-si’s own residential area, in the blue-si’s left hand in the blue tape.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E and F;

1. Each police statement of E;

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

1. Application of field photographs and excessive Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 283 (1) of the Criminal Act (the point of intimidation by carrying a deadly weapon);

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

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

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

1. The Defendant alleged to the effect that he did not threaten the victim while recognizing the fact that he carried excessive personal effects, but did not threaten the victim. However, according to each legal statement of the witness E and F, according to the fact that the Defendant made intimidation to E, such as the facts charged, while combining excessive amount of a deadly weapon into the left hand hand, the Defendant may be recognized. The act of notifying the harm and injury in the crime of intimidation is ordinarily based on ordinary language, or in some cases, it may give notice of harm and injury (see, e.g., Supreme Court Decisions 74Do2727, Oct. 7, 1975; 2009Do5146, Sept. 10, 2009). The facts charged in the instant case against the Defendant are found guilty.

However, it is decided as per the Disposition in consideration of the fact that the defendant has not been subject to a fine more than four times in addition to the fine, and there is no criminal record of violence, support for the wife and two children who are students, and circumstances leading to the crime.

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