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(영문) 창원지방법원 진주지원 2015.07.08 2015고단271
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 has been in the relationship between the victim C (n, 61 years of age) and the victim from around 2012.

On March 27, 2015, the Defendant called the victim at around 12:30 on March 27, 2015, but, on the ground that the Defendant heard the victim’s horses that he saw, and that he would be hedging with the victim, the Defendant would find out the Escper in D at the time of the advancement of the victim’s operation.

At around 13:35 of the same day, the Defendant: (a) was the victim of the instant Escker, “debrutly hacker.” However, by taking out the knife, which is a deadly weapon (knife 18cc in blade, No. 1) prepared in advance by cutting off the knife from the inside machine, and thereby, showed and threatened the victim’s behavior that seems to be detrimental to their arms in their knife and knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of the existing Acts and subordinate statutes of one blade (No. 1) seized;

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

1. The scope of sentence recommended according to the sentencing criteria (decision of type) and special intimidation (special mitigation) (special mitigation) shall not be punished, for not less than four months but not more than one year;

2. In light of the background leading up to the Defendant’s decision of sentence and the means of committing a crime, etc., the Defendant’s liability is not minor; however, the Defendant reflects his/her criminal act; the Defendant has reached an agreement with the victim by deeping the victim; the Defendant has no criminal records other than the same criminal power and fine; and the Defendant’s age, character, conduct and behavior.

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