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(영문) 광주지방법원 2013.10.31 2013고단3848
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six 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

1. Around 15:00 on July 22, 2013, the Defendant threatened the victim B (the 49-year-old) by putting a phone to the victim B (the her pet C), stating, “I am away from the luminous floor, and discarded down the death,” on the ground that her pet C would disrupt the victim.”

2. Around 06:00 on July 23, 2013, the Defendant: (a) posted the kitchen gate of “E” restaurant gate operated by the victim B (the age of 49) in Nam-gu, Nam-gu; and (b) expressed the attitude that the Defendant would be able to inflict harm on the victim by sticking the kitchen gate (the total length of 40cm, the blade length of 28cm) which is a dangerous object for the same reason as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the provisions of Acts and subordinate statutes, such as kitchen photographs, which the suspect has stuck at the entrance of a restaurant of the victim;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and 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 Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. is that, in light of the fact that the defendant, on the ground that he/she associates with his/her one's patriotism, threatened the victim by sticking the knife, which is a dangerous object, in the cafeteria of the victim's cafeteria, and that it does not reach an agreement with the victim until now, a strict punishment should be imposed against the defendant. However, the defendant is divided into and against his/her mistake, and the defendant has been punished four times, but there was no past record of punishment for the same kind of crime, and the defendant does not have any intent to inflict injury on the victim by using the kitchen knife.

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