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(영문) 인천지방법원 2013.04.16 2013고단1078
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

except that 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, at around 23:10 on January 31, 2013, when drinking alcohol in the Nam-gu Incheon Metropolitan City B D D Din, the Defendant, on the ground that the victim C (39 years of age), who was a customer, was in a different table, boomed with himself/herself as a bad, threatened the victim with a small-beer on the table table, and boomed the said victim, which is a dangerous object of harming the said victim, following him/her, she was boomed with a small-beer who was on the table, and she threatened him/her of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing the site and suspect 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 reason for sentencing under Article 62(1)(c) of the Criminal Act is that the crime of intimidation is serious.

However, considering the circumstances leading to the instant crime, there is no criminal history against the Defendant, and other circumstances that form the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, the punishment as ordered shall be determined.

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