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(영문) 전주지방법원 2013.04.18 2013고단214
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

[2013 Highest 214]

1. On December 25, 2012, at around 09:10 on December 25, 2012, the Defendant: (a) expressed the victim’s desire to “this opening, the knife, and the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife)”

[2013 Highest 274]

2. At around December 22, 2012, the Defendant sent a text message to the victim’s home located in Yansan-si F on December 23, 2012, the Defendant sent a text message to the victim’s hand phone using the Defendant’s portable phone for the reason that the victim does not know himself/herself, and that he/she will not come to the victim, as well as that he/she will come to the victim. However, on December 23, 2012, the Defendant sent a text message to the effect that “if he/she does so in a storm, he/she will die, she will not be dead, she will not be set off only within the phone,” and that “on December 23, 2012, he/she will not be able to do so.”

In addition, from December 22, 2012 to December 24, 2012, the Defendant reached repeatedly 14 times in total the text of a code that arouses fears or apprehensions for the victim, as shown in the list of crimes committed in the attached Table.

Summary of Evidence

[2013 Highest 214]

1. Defendant's legal statement;

1. Statement made by the police with D (2013 high-ranking274);

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Violences, Article 283 (1) of the Criminal Act, Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the fact that repeatedly complies with the language that may cause a danger of tolerance and the choice of imprisonment);

1. Of concurrent crimes, the long-term punishment for the crimes of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.

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