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(영문) 창원지방법원 마산지원 2013.08.21 2013고단451
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

Around November 7, 2012, the Defendant borrowed 3 million won from the victim E (the age of 61) to operate the collection of the actual expense from the Defendant’s right to manage the D actual expense in Mhap-gu, the Defendant: (a) borrowed 3 million won from the victim E (the age of 61); and (b) the victim complained of F that “I would make sure that I would have the right to operate this right to do so; (c) I would not have to do so; and (d) I would have to first pay the money to I; and (d) I would like to pay the money to I; and (d) I would like to look at the victim’s right to manage the D actual expense at the victim’s H on March 19:20, 2013; and (d) I would see the victim’s knife with the victim’s mobile phone that “I would see the victim’s desire to kill the victim’s knife with the victim’s mobile phone.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (agreement, reflectment, etc.);

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