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(영문) 춘천지방법원 강릉지원 2013.03.28 2012고단1021
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

On September 25, 2012, 11:40 on September 25, 2012, the Defendant reported the victim D (years 64) who had been engaged in drinking while drinking in a simple restaurant prepared in the entrance, and refused to sell the ship at the port of Gangseo-si C, but it is not possible with the victim.

On the ground of the victim’s signs, the Defendant threatened the victim with the knife, which is a dangerous object that the Defendant was parked in a truck parked in the front, with the knife and knife the knife (33 cm in length) of the dangerous object that the Defendant was in custody.

Accordingly, the defendant carried a knife, which is a dangerous thing, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to A and E;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, May 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Probation and community service order under Article 62-2 of the Criminal Act;

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