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(영문) 광주지방법원 2014.06.12 2014고단1529

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 March 18, 2014, at around 14:25, the Defendant: (a) while drinking alcohol with the victim D(40 years of age) and two other persons, the Defendant: (b) expressed the victim’s studio in Gwangju North-gu, Gwangju (hereinafter “C”); (c) expressed that “I wish to pay the borrowed money promptly; (d) I would like to have the humf with the victim’s humf, “I would like to hear the humf,” along with the victim’s humf, which is a dangerous thing on the humf, and (e) the victim’s humf, which is a dangerous thing on the humf, and 31cc in length, which is a dangerous thing on the part of the victim’s left side.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the family, which is a deadly weapon used by a suspect when the suspect threatens the victim, and kitchen and photographic Acts and subordinate 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. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] Sentencing under Article 62 (1) of the suspended sentence shall be determined in consideration of the following factors: (a) the victim does not want the punishment of the defendant under an agreement with the victim in the mitigated area (4 to 1 year); (b) the victim committed the instant crime by contingency while drinking together with the victim; and (c) the age, character and conduct, environment, etc. of the defendant.

It is so decided as per Disposition for the above reasons.