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(영문) 창원지방법원 2014.09.23 2014고단1789
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:10 on June 23, 2014, the Defendant, while under the influence of alcohol in the Dnonode room operated by the Victim C (A, who is 58 years of age), was in the window B of Changwon-si, and was in the influence of alcohol to other customers, and subsequently, went out of the country with a deadly weapon (the total length of 22cc, the blade length of 12cc) and then went back to the victim, and threatened the victim, such as “I will go back anywhere. I will die. I will die, I will die.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness, disapproval of punishment, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act of the community service order (Consideration of a fine for the same kind, a previous conviction, etc.);

1. It is so decided as per Disposition for the reasons above, within the scope of sentencing guidelines set by the Sentencing Committee under Article 48(1)1 of the Criminal Act.

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