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(영문) 광주지방법원 목포지원 2015.08.27 2015고단442
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
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A defendant shall be punished by imprisonment for not less than eight 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

Around 19:00 on March 31, 2015, the Defendant: (a) while putting a knife at the crosswalk in front of the D (W), which is in front of the D (W) passenger car owned by the Defendant, stopped in front of the above crosswalk for signal signal; and (b) the victim H (27 years of age) who was in front of the said vehicle, stopped in front of the above crosswalk, and opened a window and reported it to the police on the said knife, knife, knife, and dangerous knife, with the fact that the said vehicle was knifeed by his hand, and the Defendant committed a violation of the knife in front of the knife (20cm length of the knife) with a dangerous weapon (20ccm of the knife). The knife’s knife would have been able to h’s life or body of the victim.

Accordingly, the defendant carried dangerous articles and damaged the car owned by the victim Frenck to be approximately KRW 2.60,000 for repair cost, and threatened the victim H.

Summary of Evidence

1. Legal statement of a witness I;

1. The police statement of H;

1. E statements;

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

1. An investigation report (Attachment to an injury diagnosis report and written estimate);

1. Application of Acts and subordinate statutes to seized articles and photographs, such as damaged parts;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Probation under Article 62-2 of the Criminal Act;

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

1. Violation of the Punishment of Violences, etc. Act;

(a) Determination of types of crime: Intimidation;

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