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(영문) 광주지방법원 순천지원 2014.04.03 2013고단1842
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. At around 20:40 on April 20, 2013, the Defendant told the victim E (n, 53 years of age) (i.e., the 20,000 won to be off the panty to be off, 20,000 won to be reduced by 20,000 won) with the victim’s refusal, the Defendant saw the victim’s knife (11 cm in blade, 22 cm in length to be off the knife to be off the knife to be off the knife to be off the knife to be off the knife to be off the knife to be off the knife to be off the knife to be taken by the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant, at around 02:30 on the same day, continued to drink in another spherb, and at around 02:30 on the same day, threatened the victim with a knife, which is a dangerous object in possession of the Defendant’s inner sphere, after leaving the victim, and then embling the victim into his hand, thereby threatening the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement made by witnesses E in the third protocol of the trial;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes of a blade (22 cm in total length) photographed by a suspect;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Although the reason for sentencing under Article 62(1) of the Criminal Act (recognating the reason for discretionary mitigation) has been under the unfavorable circumstances, such as denying the facts charged and having a record of punishment several times for the same criminal record, the damage caused by the instant case is relatively minor, and the victim has agreed to do so.

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