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(영문) 광주지방법원 해남지원 2015.03.31 2014고단419
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 26, 2014, at around 11:05, the Defendant alleged that the victim B (58 years of age) who had a good appraisal from around 20,00 Dondo bus terminal located in 130,00 Donnam-gun, Ydondo-Eup, was the victim, and that the snow was the victim of the baby, and that the victim was the victim of the baby, the Defendant was able to take a bath for the victim, and that the Defendant was able to see that the victim’s head was able to see the victim’s head by drinking, and that the victim’s head was the victim’s head by the Defendant’s head.

As a result, the defendant suffered from the victim for about two weeks of medical treatment.

2. On October 26, 2014, around 11:40 on October 26, 2014, the Defendant: (a) discovered the victim B in an emergency room in the frontnam-gun of Ydo; (b) discovered the victim B, which was difficult to wn the same as that described in the preceding paragraph; and (c) threatened the victim with “spulpile, dead, and discarded” (total length of 19cm) for surgery in the said emergency room.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B;

1. An injury diagnosis certificate (B);

1. Application of the Acts and subordinate statutes to photographs of criminal implements;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

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 on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that there are many criminal records related to violence, but there is no record of punishment heavier than imprisonment without prison labor by only

1. Sentencing criteria under Article 62-2 of the Criminal Act of the community service order;

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