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(영문) 광주지방법원 순천지원 2013.12.27 2013고단1995
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 became final and conclusive.

Reasons

Punishment of the crime

1. On October 9, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) brought a knife knife knife (17 centimeters in knife length) which was kept in his/her custody on the ground that he/she tried to sleep at the home of the Defendant, which was located in Mancheon City B, but that he/she remains in the nearby C Park.

around 19:00 on October 9, 2013, the Defendant, at the C Park in the C Park in the 19:0 Scam in the Ma, sent the attitude that the Defendant would inflict any bodily injury if the Defendant’s horses are not heard, on the ground that the victim E (the age of 42) was living together in a group of police and mutual guidance meetings, was taken in the knife of the above knife, which is a dangerous object, and the victim’s knife in the knife., and the Defendant expressed the attitude that he would inflict any bodily injury.

2. The Defendant, at the time and place specified in the preceding paragraph, assaulted the Victim F (mama, 57 years of age) who was under contact that the Defendant would be in danger from E at the time and place specified in the preceding paragraph of the assault committed assault on several faces of the Victim F (ma), by cutting the Defendant from knife knife the knife, attaching knife and b

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Investigation reports (fields, etc.);

1. Application of Acts and subordinate statutes to the victim's body and body, and photographs of criminal tools;

1. Relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act concerning criminal facts;

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

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

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Class 1 Crimes (determination of type) Crimes: Habitual, repeated, special intimidation (determination of the recommended territory) are basic areas; 6 months to June 2, 191.

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