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(영문) 수원지방법원 안양지원 2013.07.31 2013고단74
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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 December 24, 2012, the Defendant: (a) around 01:25, at the “F-place” operated by the victim E (here, 48 years of age) in Sinpo City D on the ground that the victim did not neglect the Defendant’s request and did not get a female contact loan; (b) broken the beer, which is a dangerous object in the table, and (c) the victim fluencing, was able to get the head of the victim fluencing from the victim to the victim fluencing away from the defect due to the victim’s escape; and (d) said, the Defendant took the same attitude to inflict any harm on the body of the victim by stating that the flucinger’s disease was flucated with the victim’s item and “I wish to be killed.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of investigation reports (general Acts and subordinate statutes);

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. Article 62 (1) of the Criminal Act (Consideration to the agreement with the victim, etc.);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order [the scope of the applicable sentences] : Imprisonment with prison labor for a period of not less than one year but not more than 30 years (the scope of the recommended sentence] ; violent crimes, intimidation crimes, types 4 (Habitual, Cumulative Crime and Intimidation) (Special Intimidation) - When the mitigated area is [special-conscepted] - When the mitigated area (including serious efforts to recover damage) or considerable damage has been restored [whether suspended sentence] - When the person committed a crime by the threat of collective force or multiple force or by carrying a deadly weapon or other dangerous articles, or when the person committed a crime by carrying a deadly weapon or other dangerous articles: One year and suspended sentence 2 years; and

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