(영문) 광주지방법원 목포지원 2015.09.03 2015고단702

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(영문) 광주지방법원 목포지원 2015.09.03 2015고단702

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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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

At around 16:00 on March 11, 2015, the Defendant: (a) laid the gasoline at a gas station, on the ground that the victim C (here, 33 years of age) who had livedd for about two months in a wooden B building 301 to wish to complete living together, and (b) reported to the victim at 112 as the victim intending to keep the kitchen and the kitchen knife in a paper bag containing gasoline, stating that “I would die the victim’s front-math” and “I will die the victim; and (c) reported to the victim at 112, the victim “I will am and die at one stop.”

After that, the defect that the victim tried to open the door to the police officer who arrived at front of the house, the defendant spreaded gasoline, which is a dangerous object, to his body and the floor, and the victim "if you open the door, you will die with all police officers and our country." When the victim prevented the defendant from doing his act, the victim means a large voice so that police officers can come into the house, the victim's secret number is blicked, and the victim threatened the victim by "I will die if you blick."

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. The police seizure record and the list of seizure;

1. Gasoline;

1. Application of Acts and subordinate statutes to investigation reports (fields) and photographs at the time of dispatch to the site;

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

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Determination of types of crimes: Types 4 (Special Intimidation).