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Reasons
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(영문) 창원지방법원 통영지원 2015.11.05 2015고단308
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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A defendant shall be punished by imprisonment for not less than eight 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 is under the state that the Defendant has the ability to discern things or make decisions due to the damage, net, etc.,

1. On March 5, 2015, the Defendant: (a) at a dry field located in Tong-si, Tong-si, 10:30 on March 5, 2015, the Defendant: (b) took a bath by misunderstanding that the victim D (the 58-year-old-old-old-year-old-old-old-year-old-year-old-old-year-old-year-old-year-old-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-old-year-old-old-old-old-old-out-out-out-out

2. Special intimidation.

A. The Defendant committed the crime against the victim D, at the above time and at the above place, took the attitude of gathering the stone (20cc in thickness, 9cc in length) and the knife (21cc in length, 30cc in total length) which are dangerous things on the floor that were at the above point on the ground, as seen above, and in both hands, "the victim shall be knife away from the knife of the knife." The Defendant threatened the victim as the knife.

B. At around 10:40 on the same day, the Defendant committed a crime against the victim E with the victim’s knife (21cm in length, 30cm in total length) as a dangerous object on the ground that the victim E (60 years of age) was asked of the circumstances surrounding the above D, and expressed the victim’s attitude as having knife the part of the victim’s knife and 30cm in one hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation Order;

1. The scope of recommendations shall be the first crime [the scope of recommendations].

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