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(영문) 광주지방법원 순천지원 2013.12.12 2013고단2176
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

[Criminal Power] On November 8, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the order of the Gwangju District Court on November 8, 2012, and the said judgment became final and conclusive on November 16, 2012 and is still under probation.

【Criminal Facts】

At around 00:50 on November 9, 2013, the Defendant: (a) sent a door to the victim F (23 years of age) of the victim, who had completed his/her business on his/her day and had his/her door-control opened a door on the ground that the door is closed in front of the Do shopping center located in Gwangju-si C; (b) had the victim F (23 years of age) who was under the opening of the door-control; and (c) threatened the victim of the kitchen knife (17.5 cm in length of the day) which is a dangerous object in his/her possession of “the president Bla.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Seizure records;

1. Previous records: Application of the Acts and subordinate statutes to inquiry reports and investigation reports (former records and reports attached to judgments);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the injured party does not actually harm the injured party and that it has been agreed with the injured party);

1. In light of the following circumstances: (a) 8 times the period of punishment under Article 48(1)1 of the Confiscation Criminal Act; (b) the Defendant committed the instant crime during the period of suspension of execution for the same crime; (c) the Defendant committed the instant crime during the period of suspension of execution for the same crime; (d) the knife of the victim as a dangerous object; and (e) the agreement with the victim; and (e) the Defendant’s medical condition at the present time; and (e) the Defendant’s revocation of the suspended sentence where the Defendant is sentenced to imprisonment with prison labor for six months due to the revocation of the suspended sentence;

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