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(영문) 광주지방법원 목포지원 2015.08.21 2014고단2123
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 18:50 on October 20, 2013, the Defendant urged a victim’s F (V) to pay a full amount of KRW 50,000,000,000,000 lent by the victim F (V, South and 54 years of age) to the Defendant, he saw the victim’s blick at two times, with the Hague (other than approximately 20 cm in length and knob, materials of the remainder except for knobs) which is dangerous in the kitchen at the same time, and said that the victim blicked the victim with the body of the victim, and said, “be dead” with the humd in the part of another victim as listed above the body of the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. The witness F and G’s each legal statement, and the witness H’s partial statement in court;

1. The prosecutor's statement concerning the F;

1. A written statement of F and G;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes to an investigation report (report on the results of hearing statements in I and G), an investigation report (report on the results of hearing statements in J);

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. Reasons for sentencing under Articles 53 and 55(1)3 (hereinafter the following grounds for sentencing) of the Criminal Act for discretionary mitigation;

1. Determination of types of crimes: Type IV (Special Intimidation for Habitual Crimes) of intimidation;

2. Determination of the scope of sentence: The crime of this case by the sentence of sentence sentenced from June to June (no person in special form) shall be sentenced to imprisonment with prison labor for the defendant in light of the following: (a) the crime of this case by which the defendant urged the payment of his/her obligation is the case where he/she considers the Hague, which is a dangerous and dangerous object, in the victim's item of the victim, to be "to throw away the dead," and the nature of the crime was not somewhat weak; (b) he/she did not make efforts to recover damage; (c) was not agreed with the victim; and (d) the victim continues to be punished by imprisonment with prison labor for the defendant.

However, the fact that the defendant seems to have repented late and wrong.

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