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(영문) 수원지방법원 안양지원 2014.04.17 2014고단84
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six 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 07:30 on December 14, 2013, the Defendant saw drinking with E, etc. at the “D” restaurant located in Ansan-si, the Defendant c, while drinking together with E, was in contact with the Defendant’s towing woman-friendly zone, and was drinking once, and was under control from the Victim F (27 years of age) who was drinking together with the face of E, and threatened the Defendant with a deadly weapon (25cm in length, 35cm in total length) which was in the kitchen of the above restaurant, and was in contact with the victim, thereby threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A E-document;

1. Application of statutes on the site and photographs of evidence;

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 (see, e.g., Supreme Court Decisions 201Do148, Apr. 1

1. The defendant and his defense counsel's assertion of Article 62 (1) of the Criminal Act (recognating the grounds for discretionary mitigation) against the defendant and his defense counsel are true, but the defendant and his defense counsel did not display knife the knife or threaten the victim.

In full view of the above evidence, the defendant's assertion of the defendant and the defense counsel cannot be accepted, since it is difficult to believe in light of each statement of the written statement prepared immediately after the occurrence of the case and the statement of the police interrogation protocol prepared by the victim and E, and the defendant's defense counsel's defense counsel's defense counsel's defense counsel's defense is acknowledged. On the other hand, the defendant and E present at the scene of the victim and E are present at this court as a witness, while the defendant took a knife, and they did not display a knife or threaten the victim.

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