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(영문) 수원지방법원 여주지원 2013.09.13 2013고단565
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 12:10 on August 26, 2012, the Defendant, at the 3rd floor store located in E-Sacheon-si, E-Sacheon-si, B, as a matter of display of the victim D (the age of 28) and the electronic equipment in sale, and made it fit to the above D, while putting the fishing knife (the blade length of 5cm) on the hand, which is a dangerous object in the usual possession, and threatened the above D with "I knife, knife, knife, knife, knife, knife D with the left hand, and threatened the fishing knife with D's knife, knife, and knife D with the view that I knife D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to a report on investigation (related to CCTV filmings submitted by a victim);

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do1148, Apr. 1, 201; 201Do1148, Apr. 1, 201; 201Do1332, Feb.

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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