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(영문) 광주지방법원 2013.09.24 2013고단2928
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the child of C, and C is a person who is obliged to receive the construction cost from D, and the victim E (the age of 46) is the will of D.

On June 24, 2013, around 15:17, the Defendant: (a) at G office located in Gwangju Northern-gu, Gwangju Northern-gu, on the ground that the victim did not know of the contact information of D; (b) the Defendant collected each item (1.36m in length) which is a dangerous object being kept in custody, and threatened the victim with each item (1.36m in length).

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of E;

1. Application of the Acts and subordinate statutes to photographs taken of the scene of damage and each item;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and Article 59 of the Probation Act [the decision of a sentence] violent crime group. 4. Habitual crime, repeated crime, special intimidation [Special Convict] - the degree of intimidation is minor (the decision of the recommended area] [the decision of the recommended area] four months to one year [the decision of the recommended area] [the decision of the sentence] was threatened with the victim by displaying each item dangerous to the defendant, which is dangerous to the victim, and until now, the victim did not reach an agreement with the victim, it is deemed that a strict punishment should be imposed against the defendant. However, the defendant is a primary crime without any previous conviction (However, the defendant was subject to a protective disposition once as a violation of the Punishment of Violences, etc. Act, one of the probation disposition, one of the suspension of indictment, and the defendant's actual act appears to have never been committed by each of the above items.

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