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(영문) 창원지방법원 진주지원 2013.08.28 2013고단805
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On July 13, 2013, at the hospitalization room of D Hospital 501 in Jinju-si, Jinju-si, around 16:00, the Defendant, prepared in advance for the reason that the victim E (the age of 46) would not pay the amount of KRW 3 million to the 500,000,000 of the personnel cost of the son who carried out the removal of the building together with the Defendant, and threatened the victim as if he had a deadly weapon (the blade length: 28cc., the knive length: 13cc.).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the fact that a person commits a contingent crime under the influence of alcohol and the victim does not want the punishment of the defendant);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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