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(영문) 광주지방법원 목포지원 2013.09.27 2013고단1039
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 of the final judgment.

Reasons

Punishment of the crime

At around 22:50 on July 8, 2013, the Defendant: (a) expressed the attitude that the victim D (the 60-year-old age) was under the influence of alcohol to the Defendant, who would be under the influence of alcohol; (b) and (c) tried to get off an empty beer, which is a dangerous object in the vicinity of the breath, and (d) tried to do so to do so to the victim; and (b) expressed the attitude that it would inflict harm on the life or body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The scope of final sentence recommended by sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on probation and community service order: Imprisonment with prison labor for not less than four months but not more than one year [decision of a sentence], violent crimes, Types 4 (Special Intimidation for Habitual Offense): Reduction element of a crime (Special Intimidation): None of the increased factors of punishment [the scope of recommending punishment]: Basic area; the reduced factor of a person who is sentenced to imprisonment with prison labor for not less than four months but not more than one year: there is no aggravated one; Major illegal cause of a suspended sentence in which there is no serious one: Where a person commits a crime by carrying with a deadly weapon or other dangerous articles: A decision of a sentence of false pride: A sentence of imprisonment with prison labor for not less than two years; A decision of a suspended sentence of two years;

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