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(영문) 광주지방법원 2015.05.22 2015고단1063

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 27, 2015, at around 17:40, the Defendant threatened the victim by carrying a deadly weapon, stating that the victim D (n, 45 years of age), the president of the said “Cmate”, had expressed a desire to the Defendant’s wife, the Defendant threatened the victim with a knife (the length of 37cc, the knife length of 24cc) that is a deadly weapon (the knife knife knife knife knife knife knife).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement statement made to D by the police;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations on the sentencing guidelines [Determination of types] - Types 4 (Habitual, Cumulative, and Special Intimidation) (Special Intimidation) - The area of mitigation [Determination of the recommended area] 4-1 year [the scope of recommendation area] - The area of mitigation [the scope of recommendation area] 4-1 year [the general person] - The area of mitigation elements

2. Whether or not to add a stay of execution - The reason for major reference: A person who has no positive record of criminal punishment - The reason for general reference: The detention of a criminal defendant who has positive anti-competence is accompanied by excessive difficulty for him/her;

3. Eight months (two years of suspended sentence) of imprisonment with prison labor for a sentence;