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(영문) 대전지방법원 천안지원 2013.06.20 2013고단312

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 10:05 on March 9, 2013, the Defendant threatened the Defendant at the Dongnam-gu C Apartment Guard Office of Yongsan-gu, Seoul, Seoul, on the ground that, during the period of the Defendant’s general affairs of the C Apartment Self-Governing Management Committee by June 2012, the victim D (the age of 53) audit the amount of the Defendant’s use and audit the Defendant’s disadvantageously against the Defendant. However, the Defendant threatened the Defendant with the victim’s item, “I will die” (the total length of 22cm, the blade length of 11cm).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. The defendant and his defense counsel's assertion on the damaged parts and excessive photographs, the defendant and his defense counsel acknowledged the fact that the defendant excessively incurred, but there is no fact of intimidation, stating that the defendant will be killed on the part of the victim's timber.

However, the above C apartment security guards E, the objective witness of the third party position, stated in this court that “the victim listens to the Defendant with the sound so that kner” and deducteds the Defendant from the Defendant the transitioned to the victim’s items.” In light of the fact that if there was no threat that the victim would kill the victim as alleged by the Defendant, the victim seems to have been without any reason to speak “kn” as alleged by the Defendant, each of the above evidence alone can be sufficiently recognized, so the Defendant and the defense counsel’s assertion cannot be accepted.

Application of Statutes

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. Considering the fact that the means to commit the crime of sentencing under Article 62(1) of the Criminal Act is dangerous and the victim does not seem to have a sex for the recovery of damage, the defendant has the record of crime.