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(영문) 수원지방법원 안산지원 2013.03.07 2013고단220
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On November 3, 2010, the Defendant entered the Republic of Korea as a non-professional employee (E-9) visa on November 3, 2010, and the period of stay expires on December 2, 2012, is currently illegal stay.

At around 02:45 on January 27, 2013, the Defendant: (a) taken a deadly weapon, which was previously possessed by the victim E (E, South, 32 years old, and E) on the ground that his/her employees did not work on credit at the DN club located on the first floor of Ansan-si, Seoul underground level; (b) taken a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's office and police statement concerning E and F;

1. Seizure records, photographs, such as knifes used by the suspect when of intimidation, site photographs and reports on each investigation;

1. Application of Acts and subordinate statutes to investigate data about crimes and investigation records of foreigners;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;

1. Although there are circumstances favorable to the defendant, such as the fact that the reason for sentencing under Article 48(1) of the Criminal Act is not a criminal record against the defendant, the crime of this case is very heavy in light of the method and result, etc., and does not reach an agreement with the victim, and other circumstances, such as the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, occupation, family relationship, health status, etc., shall be taken into consideration.

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