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(영문) 창원지방법원 통영지원 2013.11.29 2013고단764
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who was living together with the victim C (nive, 27 years of age).

On September 6, 2013, the Defendant: (a) around 00:10 on September 6, 2013, 401 of the D Building 401, the victim “the width is not going to work well; (b) the hacker, because the hacker is her influor,” used a food knife (31cm in total length, 18cm in knife length) which is a dangerous object in the port where the horses were loaded to the port, and called “the same dead person” as the hacker.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes on police seizure records;

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. Social service order under Article 62-2 of the Criminal Act;

1. According to the sentencing guidelines for sentencing under Article 48(1)1 of the Confiscation Criminal Code [Recommendation] Recommendations for the mitigated range of “special intimidation” (Recognition of Non-existence of Punishment” as a special mitigation element) / Whether a suspended sentence is suspended or not, the main positive factors of the suspended sentence are acknowledged as “non-performance of punishment,” “no record of criminal punishment,” and the sentencing guidelines for recommendation for suspended sentence, a suspended sentence is recommended for the defendant for four to one year for the following reasons.

Considering the fact that dangerous goods are used as the reasons for sentencing that is disadvantageous to the defendant, considering the fact that the victim does not want the punishment of the defendant, and the fact that the defendant is the primary offender.

Other grounds for sentencing, such as the defendant's age, family relations, criminal motive, etc., shall be determined in the same manner as the disposition.

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