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(영문) 창원지방법원 2015.01.13 2014고단2653
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 15, 2014, around 02:30 on August 15, 2014, at a singing shop operated by the victim D (year 31) who is located in the window C of Changwon-si, the Defendant laid the knife knife, which is a dangerous object in the knife line, on the ground that the victim does not cause any injury, and threatened the victim with any harm to the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (unsatisfying and unsatisfying);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness, disapproval of punishment, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. It is so decided as per Disposition for the reasons above, within the scope of sentencing guidelines set by the Sentencing Committee (the area of mitigation of special intimidation: 4 months to 1 year) set forth in Article 62-2 of the Social Service Order Criminal Act (Consideration of fines, previous convictions, previous convictions, etc. of similar crimes).

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