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(영문) 부산지방법원 동부지원 2014.02.18 2013고단3157
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a taxi engineer affiliated with D Co., Ltd. (hereinafter referred to as “D”) located in Nam-gu Busan Metropolitan City, a clerical officer of the FF Trade Union, one of multiple trade unions, as a superior organization, and the victim G (year 57) is the president of the FF Association H branch.

On October 30, 2012, at the H branch office around 11:00 on October 30, 2012, the Defendant, in relation to the election of officers under the F Trade Union as of the preceding F Trade Union at the H branch office, determined that, in relation to the election of the executives of the H branch office, the above representative director of the company misleads the Defendant that he had taken an examination against the Defendant, and found it from that place, thereby making the victim take a humf increase, thereby making the Defendant walking at the right end of the Defendant, and, at the same time, cut off the excessive amount (20cm in total length, 10cm in knife in knife in knife knife knife knife knife knife knife knife knif).

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (including the fact that the victim is not threatened by a dangerous method, the fact that there is no particular criminal power, or the fact that the victim is admitted by mistake);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

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