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(영문) 창원지방법원 마산지원 2014.12.12 2014고단1012
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2014, at around 09:15, the Defendant called the victim C (35 years of age) and the Defendant’s knife (16cm in blade length, 28cm in total length) as a dangerous object, due to construction noise problems under the influence of alcohol at the construction site at the building site in the Changwon-si, Changwon-si, Changwon-si, Changwon-si, Seoul., the Defendant called the victim as the victim’s knife (16cm in the knife length, 28cm in the total length).

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 283 (1) of the Criminal Act;

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

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

1. Reasons for sentencing under Article 48 (1) of the Criminal Act for forfeiture [Scope of Recommendation]: Type IV (Habitual Cumulative Intimidation, Habitual Offense, Special Intimidation): Reduction area (4-1 year): Imprisonment for a period not to impose a sentence]: 8 months: Suspension of the execution of sentence (with regard to the decision of a sentence of imprisonment for a period not to impose a sentence): two years, such as imprisonment for a period not to impose a sentence of imprisonment for a period not to impose a sentence; two years

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