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(영문) 수원지방법원 안양지원 2014.12.19 2014고단1655
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

At around 02:00 on September 12, 2014, the Defendant: (a) calculated drinking together with drinking alcohol at D entertainment tavern operated by the victim C (the 43 years of age) who was on the second floor of Sinpo City B; and (b) made it possible for the Defendant to take a knife (the knife length, 24 cm in length, 38 cm in total length) with a lethal weapon on the first floor of the knife at the knife of the knife, the knife in front of the knife at the knife of the knife; and (c) made intimidation with a lethal weapon by carrying it with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of two Acts and subordinate statutes concerning photographs;

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. Article 62 (1) of the Criminal Act;

1. Taking account of the repetition of violent crimes under Article 62-2 of the Criminal Act with regard to probation, taking lectures, or having committed a crime for sentencing on the grounds of sentencing, Defendant should be punished with severe punishment, but the punishment shall be determined as ordered in light of the following: (a) the violation of the crime; and (b) the absence of any record of criminal punishment other than fines;

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