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(영문) 창원지방법원 진주지원 2013.06.12 2013고단471
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 April 12, 2013, the Defendant tried to see at the “Dbling Center” operated by the Victim C (20 years of age) in Sacheon City B on April 14, 2013. However, the Defendant took a view that the victim did not pay 120,000 won of the transferred credit value, and that the victim was under the influence of alcohol, and that the victim would return to the Plaintiff on the ground that he was under the influence of alcohol, and that the transition (11cm in the blade length, 22cm in the total length) which is a deadly weapon previously held in the Republic of Korea (22cm in the knives of Australia), namely, she took the victim’s timber from the knitus’s inside, and expressed a view that the victim would have taken the victim’s bath,

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Crimes, Article 2 (1) 1 of the Criminal Act, Article 283 (1) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the defendant is against the defendant and that there is an agreement with the victim);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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