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(영문) 의정부지방법원 고양지원 2014.10.31 2014고단1801
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is a person who purchased a building B 101 Dong-dong, Sinyang-si, Sinyang-si, and the victim D (32 years of age) is a person who resides in the next floor.

At around 00:10 on August 7, 2014, the Defendant: (a) displayed the complaint that the victim resisted against the noise problem between floors in front of the building C, Yongsan-gu, Yongsan-gu, Yongsan-gu; (b) sent out one gas gun, which is an object dangerous in the main machine, to the victim; and (c) threatened the victim with the physical injury of the victim, as the victim would inflict any danger and injury on the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Application of seizure records and list statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing guidelines for sentencing under Article 48(1)1 of the Confiscation Criminal Act: Violence crime, intimidation crime, Type 4 (Special Intimidation for Habitual Offense), basic area, imprisonment of six months to one year and six months, the Defendant threatened the victim with a gas gun that may cause considerable fear to the other party, and the victim seems to have suffered considerable shock.

The defendant has reached a compromise with the victim that the victim is the prior wife of the defendant, and the defendant has no special criminal records.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

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