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(영문) 수원지방법원 2013.09.25 2013고단2843
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 20:20 on March 20, 2013, the Defendant: (a) sent a victim E (32 years of age) a day-to-day watch, which is a dangerous article on the table, and (b) expressed that the Defendant was able to take a bath for employees in the D restaurant located in Heung-gu, Young-gu, Gyeonggi-gu, Gyeonggi-do, for the reason that the Defendant was able to take a toilet and take a bath for employees; and (c) expressed that the Defendant was able to take a view of the dangerous article on the table, and expressed that “the Defendant was humped,”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the F and E respective Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 283 (1) of the Criminal Act (the point of intimidation by carrying a deadly weapon);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that agreement with the victim has been reached, that the defendant is in transit and suffers from depression, and that it is a contingent crime);

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