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(영문) 광주지방법원 2015.08.18 2015고단1804
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On May 22, 2015, at around 02:15, the Defendant sent a living room to the Defendant’s dwelling in Nam-gu Seoul Special Metropolitan City B apartment 103 107 dong 107, and expressed an attitude to inflict any injury on the body of the victim, such as “the victim C (the victim, who was 25 years of age) is suspected that the Defendant’s work partner D and her future lebbbbs in the Defendant, walked 3-4 times, and walked the part of the victim’s buckbucks (the total length: 32 cm, the blade length: 20 cm) which are dangerous things in the kitchen of the kitchen, and marked the floor of the kitchen at the victim’s dwelling in the middle-gu Seoul Special Metropolitan City, Gwangju Special Metropolitan City B apartment 103 107 Do 107.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. Each written statement made by the police against C;

1. Each statement of the accused, C, E, and F;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 48(1)1 of the Criminal Act for the reason of sentencing is that the risk of the crime of this case is not less severe, but the defendant is in depth against the mistake, and there is no record of punishment.

It is decided as per the disposition by comprehensively considering the fact that the victim does not want punishment against the defendant and all other circumstances revealed in the trial process.

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