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(영문) 인천지방법원 부천지원 2013.06.14 2012고단1100
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

At around 13:00 on May 25, 2012, the Defendant: (a) was a customer with whom the name can not be known due to the use of the hedging, and (b) was a horse match with the victim D (the victim 50 years of age) who was an employee of the said Bana, who was a staff member of the said Bana, threatened the victim with the excessive amount of dangerous articles possessed by the Defendant while taking a bath for the victim.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

2. Statements made by witnesses D in the fifth trial records;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of D;

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. Suspension of execution under Article 62 (1) of the Criminal Act (General Considerations, such as the motive and means of crime in this case, the age, character, and environment of the defendant, and the fact that there is no record of punishment exceeding the fine of the defendant, and the victim does not wish to punish the defendant);

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

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