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(영문) 광주지방법원 목포지원 2015.09.07 2015고단409
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 22:10 on April 13, 2015, the Defendant: (a) 101-dong 1408, the lodging room of the victim C (29 years of age) located in Sipoposi B, and (b) her drinking together with the victim, E, and F. At around 20:0 on the same day, the Defendant took a son’s knife with the victim, who was working in his/her place of residence, and went through the examination; and (b) he/she took a knife with the victim as a deadly weapon (18cm length, 31cm in total length) and took a knife to the victim, and (c) she took a knife with the above knife, “a knife, knife, knife, knife,” and “a knife, knife.”

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes of transplant photographs used by the suspect;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Determination of types of crimes: Types 4 (Special Intimidation).

2. Determination of the scope of sentence: The lower limit of the scope of sentence shall be modified according to the mitigated area and the lower limit of the applicable sentencing range in June.

1. A person who is subject to special mitigation: A person not subject to punishment)

3. Determination of sentence and suspended execution are recognized and against the defendant's mistake, the fact that the defendant agreed with the victim after the prosecution of this case, the defendant has no record of criminal punishment exceeding a fine, the defendant's age, character and conduct, family relation, etc., shall be mitigated and mitigated within the scope of the sentencing guidelines.

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