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(영문) 수원지방법원 평택지원 2013.09.12 2013고단812
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 17:10 on March 8, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) was divided into the victim C’s 38 countries, which were located in the window of Pyeongtaek-si, thereby obstructing the passage of the Defendant’s vehicle in front of the road. Around 17:10, the Defendant collected a knife knife for fishing, which is a deadly weapon (30cm in length) being kept in the string of the Defendant’s vehicle, and went to the knife knife, which is opened by the victim, from one half of the knife vehicle in operation.

The Defendant stated two times the above fishing knife knife by putting this knife because of the same knife, and tried to leave the knife in the future, and the knife knife knife knife knife knife knife knife knife knife knife knif

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

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) caused damage to the victim C at the time and place specified in the above paragraph (1) of this Article by citing and threatening the victim C with a deadly weapon and threatening the victim C to run the play vehicle, and thus, the victim gets off two parts of the Drren Karen vehicle owned by the victim, which are a deadly weapon cited by the Defendant, two times in a fishing knife, which is a dangerous weapon, and then allowing the victim to take off the top pressle of the knife and the front glass of the vehicle owned by the victim.

Accordingly, the Defendant destroyed the vehicle owned by the victim while carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Inquiry into the enemy;

1. Written estimate;

1. Application of Acts and subordinate statutes on site photographs, each photo, a black booms, video images closure photographs, and each field photograph;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 283 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act;

1. Article 37 of the Criminal Code among concurrent crimes.

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