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(영문) 전주지방법원 군산지원 2015.07.08 2015고단396
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 02:40 on April 10, 2015, the Defendant: (a) under the influence of alcohol at a company’s accommodation located in B building 202 in Gunsan-si, Sinsan-si, the Defendant threatened the Victim C (the age of 44) with a deadly weapon (the blade length of 14cm) which was kept in the main room; and (b) found as a deadly weapon (the blade length of 14cm) 302 with the victim’s own interest, thereby threatening the victim as follows: (c) “I have attempted to kill and die.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C 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 (the consideration in favor of the victim, such as the fact that he/she commits an error and the fact that he/she agreed with the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed normal conditions favorable to the preceding);

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