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(영문) 수원지방법원 평택지원 2013.08.08 2013고단691
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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

1. Around 12:20 on June 12, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) discovered a restaurant of ‘D' in Pyeongtaek-si C, and used a knife (12 mm in the knife length) that was previously possessed without any justifiable reason, and threatened the victim E, who is the owner of the business, with the phrase “fnife in knife and knife”.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective assault, deadly weapon, etc.) committed an assault against the victim F, who is a customer, at the time and place set forth in the above 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. A written statement;

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

1. Application of Acts and subordinate statutes governing field images;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act concerning the punishment of a deadly weapon;

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. Article 62 (1) of the Criminal Act;

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

1. In addition to the fact that the defendant for the reason of sentencing under Article 48(1)1 of the Criminal Act, including the fact that he/she acknowledges the crime and is against the defendant, the victim E wishes to have the prior wife against the defendant, and the defendant does not have any criminal records exceeding the fine, the sentence is to be made as ordered by taking into account various factors of sentencing such as the defendant's age, occupation

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