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(영문) 수원지방법원 안산지원 2013.11.28 2013고단2659
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

Punishment of the crime

On November 8, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.) at the Seoul High Court on November 8, 2007, seven times the same criminal records, such as the record of past two

On September 23:30, 2013, the Defendant: (a) in front of the Yandong-gu, Simsan-si, Simsan-si; (b) as a matter of the progress of the vehicle, the Victim C (33 years of age) and Simb; (c) as a matter of the progress of the vehicle, the Defendant reported the Defendant who sn's smell to the police, and (d) as a matter of the fact that the Defendant's snacked the Defendant, "Bak kk kk kk kk k kk k k

Accordingly, the defendant carried dangerous objects and expressed his attitude that he seems to inflict any harm on the body of the victim, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A written statement of C and E;

1. Each investigation report, on-site photographs, and on-site maps;

1. Application of statutes to inquiries about criminal records, etc.;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;

1. Article 62(1) of the Act on Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that the defendant is subject to a sentence of the same kind, and the crime is committed in light of the method and result, etc. of the crime in this case, and there are circumstances unfavorable to the defendant, such as the nature of the crime and the gravity of the crime. However, an agreement with the victim is deemed to have been reached and the victim wants to commit the crime in this case, and the defendant seems to have committed the crime in a contingent manner, and the defendant is in depth and has a clear social relationship with the defendant, and the detention of the defendant entails excessive difficulty for his dependants, and all circumstances, such as the motive and circumstance of the crime

1. Probation;

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