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(영문) 창원지방법원 진주지원 2014.04.17 2014고단261
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

Around 17:55 on January 29, 2014, in order to resist the excessive imposition of the Defendant’s residential electricity charges, the Defendant cited the improvement ( approximately 30cm in length, 15cm in blade) as dangerous things in the customer support civil petition counter at the point in the South-west Sea of Korea Electric Power Corporation located in 2962, South-west-west, South-west, South-west, South-west, Korea Electric Power Corporation, and the 17:55 on January 29, 2014, and found the table table inside the above civil petition counter to the above improvement, and the employees of the Korea Electric Power Corporation who were employed by the said employees of the Korea Electric Power Corporation in the above civil petition counter to the victim B (the victim, the person in charge of receipt, and the person in charge of receipt, were 41 years of age). The Defendant cited the above improvement and told the victim C(44 years of age) who was an employee of the Korea Electric Power Corporation and called “new”.

Accordingly, the defendant carried a dangerous object, thereby threatening the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Seizure records;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following factors shall be considered in light of favorable circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly considered for sentencing);

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendant has no criminal records prior to the instant crime; (b) the victims wish to take the Defendant’s wife by agreement with the victim B and C; (c) the Defendant’s age; (d) the motive of the crime; and (e) the circumstances after the crime, etc., all of the sentencing conditions specified in the arguments of the instant case, including the period

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