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(영문) 수원지방법원 평택지원 2014.03.06 2013고단1609
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 09:35 on May 4, 2013, the Defendant, as a heavy equipment engineer, made it difficult for the victim C (the age of 52) who worked as an employee at the drainage work site located in Ansan-si B, to work, and made it difficult for the Defendant to work, and made a brut inserted, which is a dangerous object, and threatened the victim as the victim would be at the time.

Summary of Evidence

1. Defendant's legal statement;

1. 피고인에 대한 경찰피의자신문조서(피해자와 서로 욕설을 하다가 피고인이 삽으로 때리려는 시늉을 하였다)

1. Statement of police statement in C or D;

1. Application of the photographic Acts and subordinate statutes;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act Article 62(1) of the Act on the Suspension of Execution is that the punishment of intimidation, considering the attitude that the defendant might have committed a dangerous object, is not easy but did not receive a letter from the victim. Therefore, there is a need for the corresponding punishment.

However, the suspension of execution is to be ordered through discretionary mitigation in consideration of the following: (a) the Defendant’s insertion and the recognition of a crime threatening the victim; (b) the primary offender; and (c) the contingent crime occurred during the work; and (d) the sentence is to be sentenced as per the disposition.

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