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(영문) 대전지방법원 2014.07.15 2014고단1812
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

On June 4, 2014, at around 19:00, the Defendant found the clothing store located in the Daejeon-gu D Terminal located in Daejeon-gu, Daejeon-gu, for one month prior to the victim E (n, 22 years old) and purchased the Defendant’s house password, but did not answer it. As such, the Defendant purchased the Defendant’s transition (10cm in blade length) that is a deadly weapon at the Fmaart store located in the above terminal.

Since then, at around 20:00 on the same day, the Defendant found the victim again, and threatened the victim in front of the bicycle storage unit next to the above terminal, “I am Do Do Do ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?? ?? ?? ?? ?? ?? ?? ??? ????? ???? ????? ????? ?????? ????? ????

Although the Defendant continued to inform the victim of the personal identification number, the Defendant cited the above excessive amount to the 1st floor door of the D Terminal as the Defendant was refused, and the Defendant expressed the victim’s attitude of “packing the opportunity even though he reported the opportunity to remove.” The Defendant expressed the victim’s body, etc., such as “packing the victim at the time of giving the opportunity to die.”

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes, such as photograph 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. It shall be decided as per the disposition for not less than Article 62 (1) of the Criminal Act, in consideration of the fact that the suspension of execution (such as the fact that the victim has agreed with, the first offender, and the depth of, the case

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