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(영문) 광주지방법원 목포지원 2015.06.25 2015고단281
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

The defendant was dead for about 15 years from the victim B (math, 48 years of age).

At around 21:00 on February 23, 2015, the Defendant: (a) tried to look at another female from the victim in the victim’s residence of woodposi apartment 103 dong 1510 dong 1510; and (b) tried to boom the victim’s scambl with the victim’s scambl with the scambl with the scambl with the scam of the victim; (c) carried the scaml with the victim’s scambl with the scambl with the scambl with the scaml with the scambl with the scam

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to evidentiary photographs, kitchen blades and strings;

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. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

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. Determination of sentencing and suspension of execution shall be determined by reducing the punishment of the accused within the scope of the sentencing criteria in consideration of the fact that the accused acknowledges and reflects his mistake, the victim does not want the punishment of the accused, the victim appears to have assaulted the accused first, the accused does not have any history of criminal punishment exceeding the fine, the accused’s age, character and conduct, etc., and the execution thereof shall be suspended.

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