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(영문) 창원지방법원 마산지원 2014.05.28 2014고단284
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight 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 23:30 on September 1, 2013, the Defendant: (a) at the indoor packing mar of “E” operated by the Victim D (hereinafter “E”) located in Changwon-si, Changwon-si; (b) the victim F (the age of 29) who was under contact with the said D was suffering from disturbance on the ground that the said D was avoiding contact; (c) the victim F (the age of 29) who was under contact with the said D was able to escape from the packing mar; and (d) the Defendant was the defect in which the victim F (the age of 29) was able to escape from the outer package

The Defendant: (a) knife knife a knife (30cm in length, 17cm in length) which is a dangerous thing that was prepared on the chest of the F; (b) knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife that knife; and (c) knife knife knife knife knife knife knife knife that knife

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on G, H, F, and D;

1. Application of Acts and subordinate statutes on seizure records;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of crimes, etc.);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 48(1) of the Confiscation Criminal Act [Scope of Recommendation] The reason for sentencing of Article 48(1) of the Confiscation Criminal Act is that there is no basic area (6-1-6 months) (6 months) (a special person) (a decision of sentencing] [a decision of sentencing] (a decision of sentencing), 8 months of imprisonment, 2 years of suspended sentence, 4 years of suspended sentence, 4 years of suspended sentence, 2 years D, F and G

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