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(영문) 광주지방법원 장흥지원 2014.09.25 2014고단98

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2014, at around 02:15:02:15, the Defendant: (a) reported to the police by the victim D(19 years of age) and the victim E (19 years of age) who worked at a place; and (b) collected a knife (15 cm in length) which is a dangerous object located at the knife onto the knife; and (c) threatened the victims by the method of driving away from the victims, such as the victims.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes governing field evidence photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of the suspended sentence] / [the scope of the sentenced sentence] 6 months to 30 years (the scope of the mitigated sentence] / [the person subject to special mitigation] / [the scope of the recommended sentence] violent crime group, intimidation crime, type 4 (Habitual, Habitual, Special Intimidation), mitigation area / [the decision of the sentenced sentence] 6 months in prison / 1 year in suspended sentence / 1 year in prison / 1 year in prison / 1 year in prison / 1 year in prison / 1 year in prison / 1 year in prison / 1 year in prison / 1 year prior to and after the sentenced sentence, there is no past record of the sentenced sentence and