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Reasons
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(영문) 창원지방법원 진주지원 2014.03.18 2013고단1178
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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A defendant shall be punished by imprisonment for six 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

1. On September 16, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective threat of deadly weapons, etc.) showed the attitude of posing a dispute with the victim C (the age of 49) and the borrowed money, etc. in the subdivision of U.S. dollars in S. dollars at Sacheon-si, Sacheon-si on September 16, 2013, which is a dangerous object that the Defendant left in front of the allocation of U.S. dollars, and threatened the victim with a view to harming the life or body of the victim.

2. Around September 19, 2013, the Defendant violated the Punishment of Violences, etc. Act (a person suspected of committing a crime) stated that “Iskhums have been found in the gymnasium of Sacheon-si, Sacheon-si, Sacheon-si, as residents of the community, including D et al. are gathered, the Defendant carried out so-called “Iskhums, gymnas, disregarding gymnas gymnas,” and carried out humnas and rejection, without good cause, which are dangerous objects likely to be used for property damage, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (a photograph of the initial stage used by the defendant);

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 283 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, Article 7 of the Punishment of Violences, etc. Act;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 53 and 55 (1) 3 of the Criminal Act is against the defendant, the victim C is not subject to the punishment of the defendant, and considering the fact that it is a contingent crime);

1. Article 57 of the Criminal Act including days of detention;

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the foregoing reasons);

1. Article 62-2 (1) and the proviso to Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

1. Confiscation.

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