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(영문) 인천지방법원 부천지원 2014.09.25 2014고단1609
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

The Defendant is a person who was a customer with the “C” singing operated by the Victim B (A).

On June 20, 2014, at around 19:30, the Defendant came to be a guest and took entertainment for approximately two hours at the above singing room located underground in Seocheon-si, Seocheon-si, Seocheon-si, and then called “Nemanhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Photographs of seized articles;

1. Application of the respective existing Acts and subordinate statutes referred to in subparagraphs 1 and 2;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant appears to have committed the instant crime by contingency under the influence of alcohol and that the victim does not want to punish the defendant);

1. Article 62 (1) of the Criminal Act (the same shall apply to the grounds for reduction of amount);

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

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