(영문) 광주지방법원 2015.09.15 2015고단456

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(영문) 광주지방법원 2015.09.15 2015고단456

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 05:20 on January 25, 2015, the Defendant: (a) sought to hear marine from the victim E (Nam, 62 years of age) in the mixing room of D Fishery Masan-gun C, Jeonnam, and (b) threatened the victim with the victim with a knife, which is a lethal weapon in water flow ( approximately 32cm in total length, approximately 19cm in length, approximately 4.5cm in knife, about the knife in knife).

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police statement regarding E;

1. Each report on investigation;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. For the reason of sentencing under Article 62(1) of the Criminal Act, the crime of this case committed by the defendant with a deadly weapon and threatening the victim, and thus, it is inevitable to punish the defendant accordingly. However, it is inevitable to punish the defendant accordingly. However, the defendant committed the crime of this case contingently, the defendant's own knife immediately after the crime of this case was committed, left from the scene, and the defendant expressed that he was not able to punish the defendant (special scams), after the prosecution of this case, on August 27, 2015, the defendant was completely agreed with the victim on August 27, 2015 (special scams), and other circumstances including the defendant's age, character and behavior, and environment, four to one year [the scope of the order of punishment of the crime of violence crime of this case, which is recommended according to the sentencing guidelines, shall be determined within the scope of the order of punishment of this case, and the execution of this sentence shall be suspended simultaneously as the order of this case shall be suspended.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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