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(영문) 광주지방법원 순천지원 2014.09.16 2014고단1186

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. Around 17:00 on July 3, 2014, the Defendant, who violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) entered the D cafeteria, located in C in C at an influent time, and took a knife (25 cm in total length, 15 cm in knife length) that is dangerous goods, and, without any justifiable reason, took the knife onto the chest of the victim E (60 years of age) who was sexually traveling, and expressed the attitude that “the knife would inflict any harm on the victim’s life and body.”

2. On July 3, 2014, at around 17:20, the Defendant: (a) was drunk in front of the F cafeteria located in G in F cafeteria, and was able to get off the entrance door door door in front of the cafeteria without any reason; and (b) damaged the victim G (n, 68 years of age)’s market price by shouldering the amount of KRW 100,000,000 in the glass window owned by G.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to H, E, and G;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of intimidation to carry dangerous things), Article 36 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do139, Jan. 1, 201; 201Do

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);