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(영문) 부산지방법원 2014.05.22 2014고단2266
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 February 26, 2014, around 01:35, the Defendant threatened the victim with “I wish to die” on the ground that the victim E, a customer, within the D convenience store located in the Dong-gu Busan Metropolitan City C, was made an anti-debrison.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to 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., circumstances leading to the instant crime);

1. Article 62 (1) of the Criminal Act (Consideration of a suspended sentence, including the violation of a punishment, the first offender, etc.);

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