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(영문) 광주지방법원 순천지원 2013.11.27 2013고단1809

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

At around 23:00 on September 4, 2013, the Defendant got to know the victim D (the age of 34)'s walk and had a dispute over the victim's celbly before the celb in W, and expressed the attitude that the victim would have a harm to the victim by taking the knife (the length of 24 cm, the knife length 12 cm) of the dangerous object being kept in the Defendant's knife at the knife line between the victim and the victim, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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

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