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(영문) 수원지방법원 평택지원 2012.12.28 2012고단1373
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

At around 09:15 on October 16, 2012, the Defendant: (a) while drinking alcohol together with the victim at the house of the female-friendly job offer Victim C (Y, 33 years of age) of 09:15, the Defendant: (b) stated that “I cannot see the victim’s left hand in a dangerous object, as I cannot do so; (c) I cannot see the victim’s death in this fluor, and (d) I would like to find out whether I will die on the lower part of the free disease, and “I will find out whether I will die?” in this context.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of each statute on photographs;

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 (Consideration of punishment for the victim, exemption from punishment, absence of any particular criminal record, confession, reflectivity, etc.);

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62(1) of the Criminal Act (the grounds for discretionary mitigation);

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