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(영문) 창원지방법원 통영지원 2014.07.16 2014고단211
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

On January 6, 2014, at around 21:50, the Defendant, “E” operated by the Victim D (A. 55 years of age) (A. ) of the J.S. J. C, Gyeong-gun, demanded the victim D to drink 220,000 won on credit after drinking alcohol at the E entertainment drinking house, but the victim D refused this request. However, the Defendant threatened the victim D with the beer’s disease, which is a dangerous thing in the cooling house that was adjacent to the calculation unit, by acting as a knife or hinging the victim D, and then by using the knife (the total length of 31cm and 19.5cm length of knife), which is a dangerous thing following the calculation unit, as the knife knife F (the age of 58 years of age was knife).

Accordingly, the defendant carried dangerous objects and threatened the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., confession, reflectivity, and agreement with the victims that the victims do not want the punishment of the defendant, there are family members to support the defendant, and there are no specific criminal records in addition to the one-time fine) or more.

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