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(영문) 전주지방법원 2015.08.27 2015고단563
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 this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 22, 2015, the Defendant: (a) heard the victim’s speech to the effect that, while drinking alcohol together with the victim D(32 years of age) who was aware of the operation of an excursion ship ship, the Defendant 3:08, the Defendant sent the victim a warning that “the victim would engage in early and late injury” while drinking alcohol; (b) pushed the victim with the wall; and (c) released the victim’s head wall, and then broken the victim’s disease, which is a dangerous object, into the wall of the victim’s head; and (d) cut the shoulderer’s disease into the part of the victim’s body, the Defendant sawed the victim into the part of the victim’s head; and (e) took the victim’s body.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on the site photographs of the case

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant repents his mistake and the victim does not want the punishment against the defendant);

1. Social service order under Article 62-2 of the Criminal Act;

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