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(영문) 의정부지방법원 2015.07.24 2015고단515
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 became final and conclusive.

Reasons

Punishment of the crime

1. At around 19:00 on November 28, 2014, the Defendant, with lethal weapons, threatened the victim with a 'C' 'C' 'C' breabbbbing b in Yangju City B, with the victim D (the age of 16) with the knowledge of the Macrost, 'Macrost’ ( approximately 10cm in length, approximately 5cm in length, about 5cm in knife). The Defendant, with a lethal weapon, threatened the victim by carrying it.

2. At around 17:30 on December 7, 2014, the Defendant, with a lethal weapon, threatened the victim with a deadly weapon, saying, “I will die on face” with the inner name “Maerberk” ( approximately 10cm in length, approximately 5cm in blades) where the victim E (n.e., female, 14 years old) was in possession of a defect in the house.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of blades used for committing offenses);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the defendant acknowledges and reflects his mistake, the fact that there is no record of punishment for the same kind of crime, the fact that his parents do not want the punishment of the defendant, and other factors such as the age, character and conduct of the defendant, the developments and motives leading to the instant crime, the circumstances before and after the commission of the crime

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