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(영문) 전주지방법원 정읍지원 2013.09.10 2013고단417
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:25 on May 25, 2013, the Defendant used the knife knife (11cm in knife, 17cm in knife) which brought about around the Defendant as a deadly weapon (11cm in knife, 17cm in knife) and a deadly weapon (17cm in knife) which brought about in the surrounding area as a matter of the anchorage of fishing vessels at the arrival of the wharf of the Janan-gun-gun, B (46 years of age) and at the arrival of the wharf, and expressed the attitude that the Defendant would inflict harm on the life and body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that a person commits a crime and misleads him/her, the fact that he/she has no record of being punished for the same kind of crime except that he/she was sentenced to a fine by an act of violence in 1984

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

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

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