logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.09.26 2013고단2973
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 23, 2013, at around 17:50, the Defendant, at around 10:50, threatened the victim with dangerous things, namely, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Reporting on the dispatch of the scene of a violent crime (13 pages of investigation records) and the application of Acts and subordinate statutes photographing evidence;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account favorable circumstances among the reasons for both types of punishment) are as follows: (a) the Defendant was in a situation where a knife and threatened the victim with a knife; (b) if any contingent accident occurred, it would have been likely to cause serious damage to the victim; and (c) when considering the specific circumstances following the victim’s statement at the time of the accident following the victim’s statement, the Defendant denies the Defendant’s crime by asserting that the knife and the knife appear to be obvious that the victim had escaped and threatened the victim; (d) the Defendant’s act appears to have suffered significant mental damage; and (e) the victim’s assertion is also the victim’s intimidation before the instant crime was committed, it seems that there is a need for a strict punishment against the Defendant.

However, in consideration of the fact that the crime of this case does not cause substantial harm to the victim, and that the defendant has no criminal records of probation or heavier, the punishment shall be determined as ordered by the order.

arrow