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(영문) 창원지방법원 2014.10.08 2014고단1966
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

On March 12, 2014, the Defendant: (a) around 21:05, in the Sungwon-si B Officetel in Changwon-si, the Defendant, on the ground that the victim C (the age of 28) who was accompanied by the said elevator from the first floor was able to smoke in a sealed place; (b) on the ground that the victim C (the age of 28) was able to smoke in a sealed place; (c) the victim was able to walk in one time; (d) the victim’s amblock, which is a dangerous object that was kept in the 7th floor of the said elevator; and (e) threatened the victim with a dangerous object, such as gathering a fire extinguisher, which is a dangerous object that was left in the 7th floor of the said elevator, and threatening the victim to follow.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes No. 1, 2, and 4 to the evidence list submitted by the prosecutor;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into account the fact that it is white and reflected);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of criminal punishment except for the crimes punishable twice by a fine, and that the victim does not want the punishment of the defendant by mutual consent with the victim);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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