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(영문) 청주지방법원 충주지원 2015.05.22 2015고단88
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

On December 26, 2014, at around 23:30, the Defendant threatened the victim with “C” restaurant 105, the Defendant: (a) mispercing that the Defendant’s son, who was an Abane, was unable to receive the benefits from the victim D, who was the manager of the said restaurant; (b) thereby threatening the victim to “abscisoning, killing, taking away, and killing, dead,” and continuing to take a kitchen knife (20cm a day length) which is a dangerous object entering the said restaurant; and (c) threatening the victim to “C” restaurant in the same knife, knife the part of the victim with the knife, and then threaten the victim “the death of this knife”.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records and lists and photographs of seizure;

1. Application of the Acts and subordinate statutes to arrest and report the occurrence of a case and investigate;

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. 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 (including the fact that the criminal acts are against the punishment of a fine and there is no criminal record exceeding the fine, and the crime is committed by intimidation);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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