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(영문) 광주지방법원 목포지원 2014.09.16 2014고단1001

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is the owner and captain of coastal net fishing vessel B (9.77 tons).

At around 23:30 on February 20, 2014, the Defendant: (a) placed the victim C(the age of 43) on his hand with a dangerous thing ( approximately 27 cm in the blade length) that was dangerous in that place on the ground that the victim C was not able to talk about the fact that the victim did not drink with D seafarers, and (b) made a threat to the victim’s injury on the part of the victim, stating that “I kn, kn, kn, kn., kn., kn., kn., kn., kn., kn., kn., kn., kn., kn.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of the Acts and subordinate statutes to the records of seizure, list of seizure, documentary evidence and photograph of seized articles;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the crime is recognized and reflected, and the victim does not want the punishment of the defendant by mutual consent with the victim);

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

1. Social service order under Article 62-2 of the Criminal Act;

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