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(영문) 울산지방법원 2013.08.23 2013고단329
폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 17, 2013, at around 20:20, the Defendant, at the main point of “E” operated by the victim D (n, 56 years of age) in Ulsan-gu, Ulsan-gu, with a total of KRW 20,00,00, and with a total of KRW 20,000, the Defendant, who received a request from the victim for payment of the drinking value, carried the Defendant’s food blade (the total length of 30cm, 18,000 in length of the day) and laid the knife to the victim.

The defendant had a frighter victim, who was frighten of fright, made a claim for the above drinking value, etc., acquire economic benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Recording records;

1. Application of statutes governing blade photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 350 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

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