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(영문) 광주지방법원 순천지원 2016.10.05 2013고단576
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

At around 08:40 on April 6, 2013, the Defendant, at the second room located in B, was able to drink with the victim C (the age of 44) and the victim D (the age of 45) and, without any reason, took a bath to the said C while drinking alcohol with the victim D, and she was living together with one kitchen, which is a dangerous object at the same time, and she was blicked with the items of the said C, and threatened the victims by saying that the kitchen knick was blicked with the said D at the same time.

Summary of Evidence

The police written statement C of the police interrogation protocol D against the defendant and the application of the police photographic Acts and subordinate statutes

1. Relevant Article 284 of the Criminal Act and Articles 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

3. The reason for sentencing of Article 62(1) of the Criminal Act in the suspension of execution has also committed violent crimes, citing knife and threatening a person who has been sentenced two times or more due to violent crimes.

The defendant has not been contacted after the prosecution and has not been identified.

However, the punishment shall be determined in consideration of the sentencing factors favorable to the defendant's recognition of crimes and the agreement with the victims.

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