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(영문) 인천지방법원 부천지원 2015.09.11 2015고단2051
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 10, 2015, the Defendant: (a) around 04:15, at the “E restaurant” located in Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) on the part of the victim F (44 years of age) who operates the said store, the victim took the victim’s knife that “the victim would not pay the amount of KRW 1.2 million monthly salary to his female-friendly G that works as an employee,” and said, the victim reported his knife to his knife his knife as a test tape, among the knife two knife of the deadly weapons prepared in advance, the knife knife knife knife knife knife knife knife knife knife knife knif knif kn

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records of seizure, list of seizure and photographs of seized articles;

1. Application of the Acts and subordinate statutes to CCTV photographs and criminal implements photographs;

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 Decision 2009Da15488, Apr. 1, 2009)

1. Article 62 (1) of the Criminal Act (the same shall apply to the reasons for discretionary mitigation);

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

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