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(영문) 광주지방법원 목포지원 2014.05.02 2013고단1898
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

【Prior Crimes under the latter part of Article 37 of the Criminal Act】 The Defendant was sentenced to three months of imprisonment with prison labor for assault in the Daejeon District Court Hongsung Branch on December 23, 2013, and the judgment became final and conclusive on February 20, 2014.

【Criminal Facts of Crimes】 At around 21:00 on September 7, 2013, the Defendant, under the influence of alcohol, threatened the victims E (53 years of age) who observed a witness in the C deck at the sea of 2.8 E (54 years of age) in the west-do Hongdo, Yannam-gun, Yannam-gun, Sknannam-do, Skin-si, Yannam-do, and the victim E (54 years of age) who was the captain of the ship, and threatened the victims with the face face of the victim E by hand, while threateninging the victims with a sound of 30 cm (30 cm length of the dangerous object).

Then, when the victims went to the steering house to the victim, but the door of the steering house was unable to locked, the defendant brought a dangerous object stored in the engine room, and broken the window of the steering house, and the victims destroyed the player mooring line and the anchor line out of the steering house with the above knife.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement made to D by the police;

1. Evidentiary photographs;

1. Previous records of judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal records, etc. inquiry;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (as to the violation of the Punishment of Violences, etc. Act (collectively, Intimidation of Deadly Weapons, etc.);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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