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(영문) 창원지방법원 통영지원 2013.10.21 2006고단631
폭력행위등처벌에관한법률위반(집단.흉기등협박) 등
Text

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 20:50 on August 19, 2006, the Defendant viewed the victim D’s house located in Tong-gu, Si-si, Dong-si, as well as at the house of pro-friendly E in which he had been living in the after drinking with the villagers, but the house was disturbed and the house was not seen in the above E, with a knife (22cm in knife length) which is an object dangerous in the kitchen at the house of the above victim’s house located adjacent to the above E, and the Defendant expressed the attitude that the victim might harm the victim’s life or body, such as displaying the above knife, etc., and threatened the victim with the attitude that the victim might inflict any harm on the victim’s life or body.

2. On the same date and at the same place, the head of the Tong-gu Police Station G G of the victim G of the F District called “police-related knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and H;

1. Application of seizure records and photographs (knives used by suspects)-related Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, Articles 144 (1) and 136 (1) of the Criminal Act concerning criminal facts (the occupation of intimidation by carrying a deadly weapon), Articles 136 (1) of the Criminal Act;

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. Article 62 (1) of the Criminal Act (i.e., confession, reflector, the fact that it is a contingent crime in the state of exploitation, and the fact that victim D does not want the punishment of the defendant);

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