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(영문) 수원지방법원 성남지원 2013.11.27 2013고단2358
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 to 3 shall be confiscated.

Reasons

Punishment of the crime

1. On October 11, 2013, the Defendant: (a) around November 11, 201:38, at the D store located in Gwangju-si, the victim E (the age of 27) who was the store located in Gwangju-si; and (b) the issue of telephone delivery; (c) made a dispute over the said store by telephone; and (d) purchased gasoline with about 10 L, and found about 5 L of gasoline as the above store, and discovered the victim as if the victim had knickly damaged the victim in the said store, and the victim had knicked knife at the iron shop located in the place where the Defendant’s residence was located; and (d) the knife (13cm in length on the day; 10cm in length on the day) and 10 L, purchased gasoline, and discovered about 5L gasoline, and found the victim as if the victim had knicked the victim in the said store.

Accordingly, the defendant carried a deadly weapon, and threatened the victim.

2. The present owner, structure, fire prevention reserve Defendant, as mentioned in the above paragraph (1), had a e and telephone having a dispute with E, and had a e and erogating in the above store operated by the victim.

The Defendant, at the same time and place as the above paragraph (1), tried to dump gasoline roots the gasoline he had purchased on the side floor of the bruma suspending dump in the above store as above paragraph (1), and set the dump, but the Defendant failed to do so on the wind that the victim and the above store employees, F and G had the intent to control the Defendant, thereby making preparations for the purpose of setting fire to the above store operated by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The police seizure record and the list of seizure;

1. Each investigation report and appraisal report;

1. Application of each statute on photographs;

1. Relevant Articles 175 and 164 (1) of the Criminal Act concerning criminal facts, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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