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(영문) 부산지방법원 2015.01.08 2014고단8808
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

1. On July 28, 2014, around 20:30 on July 28, 2014, the Defendant: (a) reported that the Defendant walked the victim C (n, 62 years of age) and walked on the street in front of the Seo-gu University Hospital of Busan, Seo-gu; (b) and (c) threatened the victim with a deadly weapon, which was in possession of the victim after having pushed the victim with the wall, with a deadly weapon (20cm in total length, 10.5cm in blade length) toward the victim, the Defendant threatened the victim “hicker.”

2. On July 28, 2014, at around 20:35, the Defendant: (a) expressed the victim D (a) who was smoking tobacco for a way to cut a way on the crosswalk 6 in front of the exit-dong subway station, Seo-gu, Busan, Seo-gu, Seo-gu, Seo-gu, and (b) took a bath to “Chewing gue, tobacco flad, and ring,” and threatened the victim with the above excessive knife, which is a dangerous weapon, by putting the victim into a knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 3);

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of the background of the instant crime, the health status of the accused, family conditions, reflectivity, etc.);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (recognisive of discretionary mitigation) or more;

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