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(영문) 광주지방법원 2014.08.07 2013고단3329

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 of the final judgment.

Reasons

Punishment of the crime

At around 18:50 on June 25, 2013, the Defendant, at the D mobile communication agency located in Gwangju Northern-gu, requested the victim E (35 years of age) who was aware of the Defendant, to change the core chip of mobile phones through which the Defendant had known, but the victim cannot be the nominal owner or the nominal owner of the mobile phone. However, the Defendant, by taking the beer’s disease contained in a vinyl paper into the plastic paper into the plastic paper, carried out the beer’s disease in the form of the victim, broken off the beer’s disease in the form of the victim, and then made the victim threaten by putting the beer’s disease, which is a dangerous object, into the part of the victim, and putting the beer’s disease in the form of the victim’s clean glass, and making the victim flue, and threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to report on site departure;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Defendant’s crime of this case with the reason of sentencing under Article 62-2(1) of the Criminal Act on probation and community service order is a crime of this case after destroying beer disease and using it as a means of intimidation, and thus, considering the fact that the nature of the crime is not very good, the Defendant’s corresponding punishment is inevitable.

However, in full view of the following circumstances: (a) the Defendant has agreed with the victim that the victim is not subject to the punishment of the Defendant; (b) the Defendant has no specific criminal records; and (c) the Defendant’s age, character and conduct, environment, circumstances leading to the commission of the offense; and (d) the recommended type of imprisonment according to the sentencing guidelines within the scope of four months to one year (the mitigated area of Types IV (Habitual, Cumulative, Special Intimidation) from among the violent crime groups) and the execution of the said sentence against the Defendant only once.