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(영문) 수원지방법원 성남지원 2015.09.16 2015고단931
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person in a de facto marital relationship with a victim C (nive, 48 years of age).

Around 20:00 on May 18, 2015, the Defendant expressed a desire to the effect that, in his dwelling area located in Sungnam-si, Sungnam-si, Sungnam-si, D Apartment 603 1301, the Defendant did not work properly while entering a race track, etc., and that the Defendant did not properly arrange the removal, and that, (a) the victim would be frighted with the victim’s vision; (b) the victim would speak to the effect that “the victim would be fright, fright, fright, math, and fright, so that the fright would not need to be taken; and (c) the fright would not need to be completed; and (d) the Defendant would put the victim a deadly weapon, which is a deadly weapon located in the main room, and (e) the Defendant would put the victim into force as a fright.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A report on emergency measures;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the defendant has no record of punishment for the same crime, and that the damage has not been relatively serious);

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

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