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(영문) 수원지방법원 안산지원 2015.08.18 2014고단2506
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On June 16, 2014, the Defendant: (a) around 07:45, on the ground that the Victim D (year 42) and 102 were able to drink the Defendant, on the ground that the Victim D (year 42) had taken a horse, and (b) had a knife, which is a lethal weapon, at the port of the Republic of Korea, on the ground that the Victim had taken a horse, and (c) had a knife, on the part of the Defendant, on the part of the Victim C and C, Ansan-si, Ansan-si on the part of the Defendant, and threatened the Victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes entered in the E-document;

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;

1. Article 62-2 of the Social Service Order Act appears to be a contingent crime committed under the influence of alcohol in the basic sphere (six months to one year and six months), and the Defendant appears to have committed the instant crime, taking into account all the circumstances, including the developments leading up to the instant case and the degree of intimidation, etc., to determine the term of punishment within the scope of recommending punishment and suspend the execution of imprisonment.

It is so decided as per Disposition for the above reasons.

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