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(영문) 수원지방법원 안산지원 2013.10.08 2013고단334
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, 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 12:50 on February 8, 2013, the Defendant expressed the knife (30cm in total length, 18.5cm in knife length) that was prepared in advance, while the victim D(the age of 22) was corrected in the Defendant’s wife and the restaurant, and threatened the Chinese people.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. E statements;

1. Police seizure records;

1. Seized articles and photographs;

1. Application of Acts and subordinate statutes to investigation reports (Evidence records, 37 pages);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that the reason for sentencing under Article 48(1)1 of the Criminal Act was that the victim was not punished and that the defendant had no criminal record of the same kind.

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