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(영문) 인천지방법원 2014.05.14 2012고단5173
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

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 19:50 on April 11, 2012, the Defendant called "Apatus C (the age of 13) who walks a horse to the victim C (the age of 13) who was under the influence of alcohol while drinking alcohol in the Western Dong-dong Park, Bupyeong-gu, Incheon, Bupyeong-gu, 546-105."

Therefore, when the victim said, "I am feas," the defendant called "I am a kn't we am a kn't we am a kn't we am a kn't we am a kn't we am a kn't we am a kn't we am a kn't we am a kn't we am a kn't we am a kn't we am a kn't k'

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of excessive Acts and subordinate statutes used by suspects;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

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

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