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(영문) 광주지방법원 순천지원 2011.12.07 2011고단2601
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 of the final judgment.

Reasons

Punishment of the crime

1. In the event of violence, the Defendant: (a) obstructed the leader of C; and (b) the victim D is the head of C.

On September 6, 2011, the Defendant met with the victim's office at the E Apartment Complex Center, and at the victim's D (52 years of age) contact with the Dong office on September 6, 201, when the victim was faced with the victim's failure to hold the head of the Ban, the Defendant saw the victim's boom with the victim's hand room at once.

2. On September 11, 201, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) committed a disturbance, such as spitation, etc., on the following grounds: (a) around 1:30 on September 7, 201, the Defendant found the victim’s house at around 102, 602, and 602 on the ground of the same reason as described in paragraph (1); (b) on the other hand, the Defendant did not open the door, but was able to take a bath at a 3-4 level, and 3-4 level, and 3-4 level the entrance door was spited by spiting it twice.

After diving, the Defendant, at the entrance of the above 102 10 m3 p.m., left the kitchen knife (13cm in blade, 24cm in total length) which was in possession of a deadly weapon, and continued to flee to the above apartment knife and knife the victim.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of investigation reports, investigation reports, and statutes to the Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Article 260(1) of the Criminal Act that applies to the crime, the choice of punishment, Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act (the point of intimidation by carrying a deadly weapon);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. In addition to punishment of discretionary mitigation Article 53 and Article 55(1)3 of the Criminal Act, it is particular in addition to punishment of several times.

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