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(영문) 수원지방법원 여주지원 2013.12.09 2013고단1024
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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 21:40 on March 5, 2007, the Defendant: (a) threatened the victim C (n, 45 years of age) with the victim’s house located in Leecheon-si B 315 on the ground that, while reconciliationing with the victim on the preceding victim, the Defendant would bring the victim again; (b) threatened the victim with a dangerous object prepared in advance, i.e., a knife (15cm in length), excessive (10cm in length in knife) and virtual (10cm in length in knife) by using approximately 10cm in knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. (Colors) Application of Acts and subordinate statutes governing photographs;

1. Articles 3(1) and 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283(1) of the Criminal Act; the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) shall apply to the defendant who has no criminal record of the same kind of suspended execution or any criminal record of the defendant

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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