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(영문) 광주지방법원 순천지원 2015.06.26 2014고단1785
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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A defendant shall be punished by imprisonment for six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On October 20, 2014, the Defendant: (a) around 18:25, on the ground that at the Defendant’s residence located in Shyman City C, the victim D (38 years of age) who is an employee of the debt collection company visited to collect claims and made a false statement, and used the victim’s knife (10cm: 10cm, 14cm: 14cm: cm) which was kept in his/her residence and called “knife” to the victim; (b) the victim fnife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif.

Accordingly, the defendant threatened the victim with a knife, which is a dangerous object, and damaged a passenger car owned by the victim to be an amount of repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes attaching damaged photographs, seized objects and blades;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act for the sentencing of Article 48(1)1 of the Confiscation Act, the second crime that has no basic area (6 to 1.6 months) (6 months and 1.6 months): Decision on the final recommending sentence for a crime for which no sentencing guidelines are set: Imprisonment with prison labor for not less than 6 months: the defendant for six months.

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