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(영문) 의정부지방법원 2013.10.22 2013고단2798
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 22, 2013, the Defendant: (a) told the victim D (the age of 43) who resides near the Defendant’s friendship C’s home located in Manopo-si B on July 22, 2013 to the effect that the victim D (the age of 43) who was living in the vicinity of the Defendant’s friendship C’s home, would be able to cause a trouble to C; (b) took a dispute, and (c) took a blade (the blade length of 21cm) which is a dangerous object in the house, and shared it to the victim, and threatened the victim with a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. The defendant's friendly appearance C of the police seizure protocol is owned by the defendant, and the above C cannot be deemed as an accomplice for the crime of this case. Thus, the crime of this case also cannot be confiscated from the defendant.

1. Seized articles and photographs;

1. Application of Acts and subordinate statutes to a report on investigation (investigation into police officers visiting the same police station);

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. All circumstances, including the fact that the defendant has shown his attitude to commit a crime and repent it, the victim committed a contingency in the course of vision, and the fact that the victim has committed a contingency in the course of vision, and the fact that there has been no power to punish more than the fine due to the same kind of crime, in light of the overall circumstances;

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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