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(영문) 광주지방법원 순천지원 2014.11.18 2014고단511

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 23:50 on March 16, 2014, the Defendant: (a) received money from the “Dju” store located in Singing-si C in lieu of son’s money; (b) carried six strings on the floor of the table where the victim E (54 years of age) drinks alcohol; and (c) carried six strings on the floor of the table; and (d) carried the shoulderer’s disease, which is a dangerous object, as her hand, the Defendant called “the victim shall promptly repay the money to her.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Although there are extenuating circumstances such as the reason for sentencing under Article 62(1) of the Criminal Act (recognating the reason for discretionary mitigation) that the defendant has been punished several times for violent crimes, and that there is no agreement with the victim, it is decided as per Disposition in consideration of the following: (a) the defendant is against the victim; and (b) the defendant is not subject to punishment exceeding the fine for the same kind of crime.