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(영문) 광주지방법원 목포지원 2015.04.23 2015고단163
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around 1:40 on January 29, 2015, the Defendant: (a) requested the victim C (38 years of age) who is an employee of the above apartment management office of the Defendant’s house, to resolve noise between floors in front of the apartment house management office; (b) on the ground that the result of the processing is not satisfactory, the Defendant taken away from the Defendant’s house, the transition (25cm in total length, 14cm in blade length) dangerous things at the Defendant’s house head office, and threatened the victim, “I am out of the dog, why you see, why you see, why you see, and how you die.”

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

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

1. Application of Acts and subordinate statutes, such as excessive photographs;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation under Article 62-2 of the Criminal Act;

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

1. Determination of types of crimes: Types 4 (Special Intimidation).

2. Determination of the scope of sentence: The lower limit of the scope of sentence shall be modified according to the mitigated area and the lower limit of the applicable sentencing range in June.

1. A person who is subject to special mitigation: A person not subject to punishment)

3. The sentencing criteria shall be set within the scope of sentencing criteria and the execution thereof shall be suspended on condition of probation, in consideration of the fact that the accused acknowledges and reflects his/her mistake, the victim does not want the punishment of the accused by mutual consent with the victim, the age, character and conduct, family relationship, health conditions, etc. of the accused;

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