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(영문) 부산지방법원 2014.09.04 2014고단6040
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 13, 2014, at around 09:10 on June 13, 2014, the Defendant: (a) threatened the victim with dangerous things, stating that the construction business operator introduced by the victim at the “E Licensed Real Estate Agent Office” office operated by the victim D (the age of 53) in Busan Seo-gu, would make the progress of the construction work more possible; and (b) threatened the victim with a knife knife, which is a dangerous object previously possessed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the investigation report (No. 5) 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that a person commits a crime and reflects it, and that an agreement has been reached with the victim);

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

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