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(영문) 창원지방법원 거창지원 2014.05.21 2014고단38
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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

1. Around 14:00 on May 27, 2013, the Defendant, who violated the Punishment of Violence, etc. Act (collectively weapons, etc.) heard the victim’s words “E,” which was 'E, operated by the victim D (the age of 51)’ in Jeju city, left in large sounds before the office of cleaning service business office, and “a request to move to another place” from the victim, he saw the victim into a knife (7 cm in knife length) which is a dangerous object in the knife and knife and threatened the victim with “this knife and low knife”.

2. The Defendant violated the Punishment of Violence, etc. Act (the destruction and damage of a deadly weapon, etc.) on the ground as above, on the following grounds, destroyed the property at around KRW 3.70,00 in the repair cost, such as replacement of a rear-down mirror (1m in length) in consideration of the rear-down side of the above vehicle, which is a dangerous object that was parked near the above office, and the rear-down part of the vehicle, which was a dangerous object that was cut back several times and was located there.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Existing existence of one blade (No. 1) seized;

1. Application of related Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Consideration in favor of Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the confession, the first offender, the amount of damage, the fact that the amount of damage is relatively insignificant, and the fact that it seems that the long-term active medical treatment is necessary because the Defendant’s health status is not good);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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