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(영문) 창원지방법원 통영지원 2014.10.22 2014고단747

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

The defendant has been divorced by agreement with the former wife on March 9, 2007, and the victim C (Nam, 43 years old) is a person living together with the above B, and D is a guardian between the defendant and the above B.

On June 5, 2014, at around 13:05, the Defendant: (a) called, “Iaman, who is in front of an apartment in order to nurture D,” from the victim, called, “Iaman,” and (b) one knife (30cm in total length, 17.5cm in blade length) and one knife (17.5cm in total length, 24cm in knife length, 12cm in knife in knife) which are dangerous things in the main bank of the 211st apartment operation of an apartment in a residential area; (c) one knife (17.5cm in knife in knife in knife in knife in knife in knife in knife in knife in knife in knife in knif.”

Accordingly, the defendant carried a knife and excessive possession of dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to on-site reports, food blades, and excessive photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 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. The reasons for sentencing under Article 62-2 of the Criminal Act for probation are as follows: (a) the Defendant confessions the instant crime and reflects the depth thereof; (b) the agreement with the victim; and (c) the sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, character and conduct, family relationship, home environment, means of crime, and circumstances after committing the crime