폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The sentence of sentence against the defendant shall be suspended.
To order the defendant to be put on probation.
Punishment of the crime
The Defendant, at around September 18, 2013, temporarily disputed the problem of blocking all of the lessee's house in order to remove measuring instruments and the children of the victim D (the age of 52) who are lessee at the home of the Defendant located in Gwangju-si, Gwangju-si, around 15:45 on September 18, 2013.
After the conclusion of the above dispute, the defendant went into his house, but he did not look at 17:25 on the above date, and went to math, which is a dangerous object, and thereby, the victim threatened the victim through an open door of the victim's house, stating that "I will throw away Dara, Dara, tear, and laver, because I would not see it."
[2014 Highest 963] On August 24, 2013, at around 09:25, the victim D (53 years of age) who was living in his house located in Gwangju City on the ground that the lease period has expired, but did not cause the bank, and that spits the victim’s face.
Summary of Evidence
[2013 Highest 2717]
1. Each legal statement of witness D and F;
1. Records of seizure and the list of seizure;
1. Evidential photographs;
1. A medical certificate and a copy of medical records [2014 high-ranking963]
1. A protocol concerning the examination of each police officer in relation to G or D;
1. Application of Acts and subordinate statutes to photographs of victims;
1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment with labor);
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;
1. Six months of imprisonment to be suspended;
1. Article 59(1) of the Criminal Act (see the following reasons for sentencing) of the suspended sentence;
1. The sentencing reason of Article 59-2 of the Probation Criminal Act shows a high risk of the instant crime, while the victim wishes to punish the Defendant, the Defendant is under mental and medical treatment from around 1997 due to symptoms such as depression, etc., and each of the instant crimes is also due to disease.