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(영문) 광주지방법원 해남지원 2014.09.17 2014고단180
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

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

On May 31, 2014, the Defendant: (a) around 02:30 on May 31, 2014, at the E-ju shop operated by the Victim D (A, 44 years of age) located in Jindo-gun C, Jindo-gun, for the female employees after drinking alcohol; (b) on the ground that the victim did not permit such drinking, the Defendant was her drinking alcohol while making a dispute.

Along with the village glass, a string of the shouldered glass by continuously cutting down it, and the victim blicked, and the victim said that “this blick blick blick blick blick blick blick blick.”

Accordingly, the defendant damaged a glass window equivalent to KRW 60,00 won at the market price of the victim, and carried a dangerous object with a view to threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Written estimate;

1. Application of statutes on site photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of intimidation to carry dangerous things), Article 36 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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the victim has agreed smoothly with the victim and that his/her mistake has been pened in depth and reflected therein);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, various circumstances, such as the age, character and conduct, home environment, and circumstances after committing the crime, etc. recorded in the records of this case);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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