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(영문) 수원지방법원 2013.09.06 2013고단2842
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:20 on May 27, 2013, the Defendant: (a) was dismissed on May 21, 2013 from the place of work of D D factory operated by the Victim C in Suwon-gu, Suwon-si, Suwon-si on the dismissal of the victim on May 21, 2013; and (b) was taking the desire to “to bring about monthly salary in the Crisia”; (c) the Defendant prevented E, the husband of the victim, who was the husband of the victim, and took it into the factory office, brought the victim into the factory office, and then damaged the display belt owned by the victim on the 4-5 occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Police seizure records;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning a crime;

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. The sentencing of Article 62(1) of the Criminal Act for the reasons of sentencing under the suspended sentence is determined in consideration of the fact that the Defendant’s instant crime appears to be contingent as the victim is recognized, that there was no direct damage to the body of the victim, that the Defendant’s final crime was committed prior to the lapse of 10 years, and that the Defendant’s mistake was divided.

It is so decided as per Disposition for the above reasons.

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