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(영문) 창원지방법원 2015.06.04 2015고단337

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

Criminal facts

On December 10, 2014, the Defendant: (a) around 22:00, at the front of D Licensed Real Estate Agent in Kimhae-si, Kim Jong-si, the victim E (Nam, 17 years of age) and his her friendliness had a tobacco in front of the Defendant’s home and had a complaint against the Defendant’s early thrown away of the cigarette but, (b) reported that the marin was “Ii” but the victim did not thrown away of the cigarette but attempted to do so; (c) the Defendant’s knife (18cc in a knife length) was a dangerous object carried out at the Defendant’s home, and threatened the victim, such as “I am the same as the knife.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

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. Reasons for sentencing under Article 48(1) of the Confiscation Criminal Act [Scope of Recommendation] There is no basic area (6-1-6 months) (6-1-6 months) of the fourth category (6-1-6 months) of the crime subject to intimidation [decision of sentence] [decision of sentence] 8 months of imprisonment, 2 years of suspended sentence (decision of sentence in comprehensive consideration of methods of criminal conduct, degree of reflectivity, criminal records, etc.]