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Reasons
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(영문) 수원지방법원 평택지원 2013.12.20 2013고단683
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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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

1. At around 01:20 on April 6, 2013, the Defendant attempted to harmonize with women who were adjacent tables at D’s house located in Ansan-si C.

The victim E (the 23 years old), who is the seat of the mebbbb female, took the attitude that he was able to see the victim when she was faced with the mebble, which is a dangerous object in the mebble or its location, and the victim threatened the victim by taking the attitude that he was able to wear the mebane on the mebbbbbble, and by putting the mechere, a dangerous object on the mebble, and by taking the attitude that he was able to fit the victim.

2. The Defendant, at the same time and time as in the preceding paragraph, made a statement to the police officer who was called out after receiving a report on the circumstances, he reported the victim E (the age of 23) at one time with the right side of the victim’s left hand, and assaulted the victim’s right side her one time to the right side.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Crimes, Article 283 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that the suspended execution is above Article 62(1) of the Criminal Act (including the fact that the defendant recognized the crime, the victim's damage is not serious, and there is no record of crimes exceeding the fine due to the same kind of crime).

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