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(영문) 의정부지방법원 2014.02.13 2013고단4685
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2013, at around 22:47, the Defendant: (a) directed a victim C (the age of 44) who is a proxy driver on the Dobcheon-si Dobcheon Fire Fighting House, and (b) requested the victim to have a mobile phone continuously defective while driving the vehicle on behalf of the Defendant; (c) requested the victim to have a vehicle on behalf of the Defendant; and (d) he was driving the vehicle on behalf of the victim; (d) he was able to set up the vehicle on his own while driving the vehicle; (e) he was using a dangerous object stored in the vehicle (the length of 17 cm, the length of 35 cm), and (e) the victim was able to keep the dangerous object stored in the vehicle.”

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do1148, Apr. 21, 201; 201Do1148, Feb. 21, 201; 201Do1332, Feb.

1. Article 62 (1) of the Criminal Act (The repeated consideration of the circumstances specified in the preceding sentence);

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

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