(영문) 제주지방법원 2016.02.17 2013고단1169

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(영문) 제주지방법원 2016.02.17 2013고단1169

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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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

At around 14:55 on June 17, 2013, the Defendant found the victim C (Woo, 53 years old) in the D restaurant operated by the victim C (Woo, 53 years old), which was the husband of the victim, to interview the victim E. However, as the Defendant was unable to contact the above E, the Defendant threatened the victim, by taking out the knife (the total length of 33cm, 20cm, knife length), which was a dangerous object that was prepared and possessed in advance, with the phrase “Woo west,” and “E was hidden.”

Accordingly, the defendant carried a knife, which is a dangerous thing, and threatened the victim as if he would inflict any harm on the victim's body.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the sentencing guidelines set forth in the sentencing guidelines (the scope of sentencing (the group of violent crimes, intimidation, the four types (special intimidation for habitual repeated crimes), the area of mitigation, the area of mitigation, the period of imprisonment from April to 1 year) and the following circumstances are considered, and the circumstances favorable to the determination of the punishment as set forth in the order: the victim does not want the punishment against the defendant: the nature of the crime is not good in light of the applicable criminal law; the victim has a record of criminal punishment for the same kind of crime; other circumstances: the background of the crime in this case, the age of the defendant, the sex behavior, the environment

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