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(영문) 광주지방법원 2013.05.09 2013고단1212
폭력행위등처벌에관한법률위반(집단ㆍ흉기등감금)등
Text

A defendant shall be punished by imprisonment for one year.

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

At around 02:30 on January 4, 2013, the Defendant: (a) was waiting for the victim who had returned to the Defendant in the past on the ground that the victim C (n, 46 years of age) was no longer in the past at the underground parking lot of the Gwangju Mine-gu, Gwangju; (b) was waiting for the victim; (c) was placed in the part of the victim’s clothes of the dangerous article for the victim; and (d) had the Defendant boarded the back of the U.S. car in the U.S. car and returned to the place surrounding the vehicle by driving the vehicle as they are.

The vehicle led to the e-family apartment parking lot in Gwangju Mine-gu, and the victim was detained for about 4 hours and 30 minutes in order to prevent the victim from getting out of the vehicle, and the victim stated in the vehicle that "it does not go over one month, so that another male has not come out of it, it will throw away it."

Accordingly, the defendant carried a knife, which is a dangerous thing, threatened and detained the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of CCTV Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 2 of the Act on the Punishment of Violences, etc. of Violences, Article 276 (1) of the Criminal Act (the occupation of a dangerous article), Articles 3 (1) and 2 (1) 1 of the same Act, Article 283 (1) of the Criminal Act concerning the crime;

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

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

1. Article 62(1) of the suspended execution of the Criminal Act provides that the crime of the defendant is not less than the nature of the defendant in light of the fact that the defendant has threatened him with a dangerous fishing knife and detained him, which is a dangerous article, but the defendant is divided and reflected by his mistake, although the defendant has a criminal record one time to commit a crime, there is no history of punishment for the same kind of crime, and the defendant again finds the victim.

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