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(영문) 광주지방법원 목포지원 2013.06.11 2013고합31
특정범죄가중처벌등에관한법률위반(보복범죄등)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On April 17, 2013, the Defendant was arrested as a flagrant offender on April 18, 2013 and was released on April 18, 2013 by a police officer who was dispatched after receiving a report from the victim on the case of intimidation and assaulting the victim C (n, 34 years of age).

At around 05:20 on April 18, 2013, the Defendant: (a) declared to the police and was arrested and investigated as a victim of D Apartment 2, 201 and 201 on the victim’s home, as above; (b) expressed a knife (1.5 cm length, 22 cm in total length) that was carried by the Defendant’s house and carried out in the Defendant’s house, and expressed a knife with a knife and knife that was a deadly weapon (22 cm in total) and expressed a knife, and expressed a knife that the victim would inflict any injury to the victim’s life or body.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning C (Evidence No. 5);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 283 (1) of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 62-2 of the Criminal Act on Probation and Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. Scope of recommendations based on the sentencing guidelines [decision of types of punishment] : violent crime group, intimidation, retaliation purpose (special offender] - source of mitigation of punishment [Scope of recommending punishment], range of mitigation of punishment, period of April to April of imprisonment, period of one year and April of the year;

3. Determination of sentence: Ten months of imprisonment with prison labor, and two years of suspended sentence, considering the circumstances leading to the instant crime or the method of committing the crime, the crime is not good, and the same crime is committed.

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