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(영문) 창원지방법원 통영지원 2015.01.14 2014고단923
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:20 on June 20, 2014, the Defendant: (a) at 1studio of “CYA” of the 6th floor of Tong Young-si B building, and (b) at the time when the Defendant was to walk the ice with his hand while drinking together with a female entertainment loan on his name, the Defendant threatened the Defendant with a disturbance, such as gathering the ice ice ice ice on the table, and then, (b) the victim D (the owner of the said main shop, 57 years old), who was a dangerous object on the ground that the Defendant met the Defendant, with a fire extinguishing machine for fire-fighting, which is a dangerous object.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. The application of each investigation report and six on-site photographs to six Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, agreed with the victim, and the fact that the defendant has no criminal record exceeding the fine) ;

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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