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(영문) 부산지방법원 2015.09.10 2015고단3129

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

On May 15, 2015, at around 22:10, the Defendant opened the entrance door and discovered the victim D(22 years of age) from the front corridor No. 115, 101, the Seocho-gu Busan Metropolitan City, and, without any reason, notified the victim by threatening him as a dangerous object (20cm in total length).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to deadly weapons 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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., reflectiveness, absence of criminal records during the last 22 years, and the defendant shows his intent to rehabilitation, such as hospitalization at a hospital, for treatment of mental illness affecting the crime of this case);

1. Probation under Article 62-2 of the Criminal Act;