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(영문) 광주지방법원 목포지원 2015.02.12 2014고단722
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the crew of the inshore self-help fishing vessel B, and the victim C (the age of 32) is the captain of the above vessel.

On November 8, 2013, at around 11:30, the Defendant received an order from the victim to cut off the knife on deck from the knife on the knife, Dopo-gun, Incheon Spoman-gun, which was in operation on the 4-day sea, but failed to comply with the order, and thereby, threatened the victim with a dangerous weapon ( approximately 18 cm in knife length, approximately 30 cm in knife in knife in knife, about 18 cm in knife in knife, and about 30 cm in knife in knife in knife) who was in front of the steering house, and threatened the victim in a manner that seems to cause harm to the life or body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of documentary evidence photographic Acts and subordinate statutes

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. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

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 by the mitigated area, and by the applicable sentencing range in June, according to the lower limit of the applicable sentencing range; or

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

3. Determination of sentence and suspended execution shall be made by discretionary mitigation of the sentence against the defendant within the scope of the sentencing criteria, and the execution thereof shall be suspended, taking into account the fact that the defendant's error is recognized and reflected in the decision of sentence or suspended execution, that the defendant agrees with the victim, and that the victim abused the defendant;

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