(영문) 창원지방법원 거창지원 2013.03.27 2013고단10

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(영문) 창원지방법원 거창지원 2013.03.27 2013고단10

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:00 on September 8, 2012, the Defendant discovered the victim D (the age of 41) who was tending to grow in the farm road located in Gohap-gun C, and found the victim "math, so he was fright." However, while the victim took a breathal dispute with the victim's breathing, the Defendant's breath (the total length of 41cm, the length of 21cm) was frighted in the breath, which is a dangerous object in the breath of the breath of the Defendant's breath (the breath, the 21cm in length of the day) and threatened the victim with "the victim was frighten fright," and continuously frightd the victim with the victim who was frighting, and followed the victim.

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

Summary of Evidence

1. Statement of the defendant in part of the first trial record;

1. Application of Acts and subordinate statutes on witness D's legal statement;

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. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. According to the statements of the witness D in this Court for the reason of sentencing under Article 62(1) of the Criminal Code (see the reasoning of the suspended sentence) of the Criminal Code, it is sufficiently recognized that the defendant is able to take a bath to D and to display improvement as stated in the above criminal facts.

However, it is not deemed that the defendant cannot be seen to display improvement with the intention to inflict injury on D, in particular, considering the fact that the defendant committed the crime of this case by contingently and the possibility of repeating the crime of this case is very low, and the fact that the defendant is the first offender, etc., the punishment shall be determined like the order.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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