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(영문) 광주지방법원 순천지원 2013.11.13 2013고단1253

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant and the victim B(n, 40 years of age) were living together around 2012.

On May 2013, the defendant introduced the victim's male-friendly job offers D to the human resources office, but D was requested to refund 100,000 won per day labor cost from the human resources office, even if D had not been paid five-day labor cost for 40,000 days since D had not been paid five-day labor cost. Accordingly, the victim did not receive labor cost from D, which led to a dispute with the victim several times.

그러던 중 피고인은 2013. 6. 15. 20:35경 순천시 E에 있는 F식당에서, 피해자가 D과 함께 있는 줄 알고 식당으로 찾아갔다가 D이 없는 것을 보고 식당 밖으로 나온 후 다시 피해자에게 전화를 하였으나 피해자가 전화를 받지 않자 이에 화가 나 피고인 소유의 G 포터 화물차에 놓여있던 위험한 물건인 식칼(칼날길이 18cm, 손잡이길이 12.5cm)을 들고 위 식당 안으로 들어가 피해자의 목에 위 식칼을 들이대고 “콱 죽여 버린다.”라면서 위협하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on investigation;

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 and Article 283 (1) of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (the decision of a sentence) of the crime of intimidation is that the defendant dances the body of the victim. The crime of this case is committed in six months from six months to fifteen years (the decision of a sentence) of imprisonment, and two years of a suspended sentence.