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(영문) 수원지방법원 2015.09.21 2015고단2420
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 12:25 on April 7, 2015, the Defendant: (a) brought the victim E (60 years of age) who has taken meals on other tables, and called the victim to drink the above restaurant operator F, who was in the main room, and was in the main room, as the victim, at the D restaurant located in Suwon-gu, Suwon-si, Suwon-si, D, the Defendant: (b) brought the victim into the main room, saying, “I will drink the motor vehicle more,” and (b) brought the victim into the main room, which is a dangerous object (24 cm in total length, 13 cm in knife) and “I knife in the knife, and there is no person known of it, but knife three knife in the inner knife,” and threatened the victim at the main room.

Summary of Evidence

1. Legal statements from witnesses E and G;

1. A written statement;

1. Application of the photographic Acts and subordinate statutes;

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. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant, while under the influence of alcohol, uses intimidation to the victim; (b) the Defendant agreed upon with the victim; (c) the Defendant’s mistake as a whole; (d) the Defendant did not have any particular criminal record on the part of the victim; and (e) the details of the offense and the circumstances after the commission of the crime; and (e) the overall conditions of sentencing indicated in the record and arguments

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