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(영문) 부산지방법원 동부지원 2016.01.21 2014고단1566
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 7, 2014, at around 01:40, the Defendant, at the “D main point” operated by the victim C (W, 44 years of age) located in Nam-gu, Busan, to go to the police box. While having frequently carried a flag with the victim, the Defendant reported to the police and sent the flag to the police, while the Defendant was driving the flag.

Thus, the Defendant takes up the transition (10cm in length and 20cm in total length) that is a dangerous object that was purchased and held in advance by a nearby Schlage around August 7, 2014 at around 02:30, the Defendant purchased and held at the nearby Schlage.

In addition, there is no idea that the victim would live like the deceased or the deceased.

“.....”

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

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. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, means and consequence of the instant crime, and the circumstances before and after the instant crime are determined as ordered by taking account of the various sentencing conditions as stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the instant crime.

D. Unfavorable circumstances: The nature of the crime of this case committed by the Defendant, who threatened the victim by leaving excessive amount of goods, which is dangerous for the victim, is extremely poor.

The favorable circumstances: The defendant agreed that the defendant would be only the victim.

There shall be no history of criminal punishment heavier than suspension of qualification.

In this case, the defendant was insultd under the influence of alcohol.

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