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(영문) 청주지방법원 충주지원 2013.06.14 2013고단139
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

At around 20:00 on September 18, 2012, the Defendant: (a) provided the victim E (hereinafter “D”) with money to the victim on the ground that he/she did not repay his/her own money to F; and (b) provided the victim with money to the victim on the ground that he/she did not repay his/her own money to the victim; (c) on the ground that he/she was a dangerous object that he/she was in the bank, he/she provided the victim with money to the victim on the side interest of the victim; and (d) provided the victim with the “I

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

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement (the defendant, even though he was the victim's body, he was the victim's body or threatened him with the victim's body). However, in full view of the consistency, physical strength, rationality of the statement, attitude of the statement in this court, etc. of the witness E who is recognized credibility in light of each evidence such as the witness E's statement in this court and the investigative agency's statement in this court, the defendant can sufficiently recognize the facts constituting the crime of which he threatened the victim's body);

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to E by the police;

1. Application of statutes on site photographs;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account various circumstances, such as the fact that the defendant has agreed with the victim, the background leading the defendant to commit the instant crime, and the fact that the defendant has no criminal record);

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