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(영문) 춘천지방법원 영월지원 2014.01.17 2013고단562
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight 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 22:55 on July 10, 2013, the Defendant: (a) driven a Dgallon-ro car on the ground that the dog owned by the victim C (the age of 51) residing in the Gangwon-gun B (the age of 51) was slickly prevented; (b) found the victim’s house at the said victim’s house by driving Dgallon-ro car; (c) laid down the victim’s house gate with the hand dog (the total length of 40cm, 9cm in daily length) which is a dangerous object in the said car; and (d) threatened the victim with the victim’s getting aboard the said car, which is an object dangerous to the outstanding of the vehicle; and (d) threatened the victim with the above knick-car and the escape of the vehicle is flicking.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Seizure records;

1. Report on the occurrence of the case;

1. Application of Acts and subordinate statutes to an investigation report (hereinafter referred to as "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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., the first offender and the agreement with the victim) in the suspension of execution;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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