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(영문) 수원지방법원 안양지원 2013.07.17 2012고단1472
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 21:30 on December 8, 2012, the Defendant, at the house of the Defendant located in the Manan-si C Underground 2, Annyang-si, Annyang-si, Annyang-si, and at the front passage of the house entrance of the victim D (the age of 40) living in the next underground 7 of the victim D (the age of 40). The Defendant, who is suspected of having been represented by the Defendant, expressed her behalf, by means of the Defendant’s house window where the victim found and opened the Defendant’s house, saying, “I am at the front of the male house, her age, her age, drinking, and drinking, I would like to see it in the front of the male house.” However, the Defendant threatened the victim by doing a dangerous act by gathering 22.5 cm in his hand, the length of dangerous things located on the floor, and taking the victim into consideration.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made to D by the police;

1. Application of the photographic 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 the defendant has no criminal record of probation or heavier, and that he/she appears to be a contingent crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Probation under Article 62-2 of the Criminal Act;

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