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(영문) 광주지방법원 순천지원 2013.08.21 2013고단822
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for 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

1. On March 13, 2013, around 18:45, the injured Defendant: (a) at C’s accommodation located in Gwangju-si B building 205; (b) caused the victim D (the age of 48) who lived together in a place of work to drive away from that place; (c) caused the victim’s abundance of the breath; (d) breath of the victim’s breath; (d) breath of the breath’s breath; (d) breath of the victim’s breath; (e) breath of the victim’s breath; (e) breath of the breath’s breath; and (e) breath of the victim’s

2. The Defendant, in violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) at the time and place specified in paragraph (1) of the same Article, expressed the victim’s desire at the time and place with the kitchen knife (17 cm in the blade length, 30 cm in the total length) which is a dangerous object in the kitchen cambling with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime (the point of intimidation to carry dangerous articles);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

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