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(영문) 광주지방법원 목포지원 2013.12.13 2013고단1579
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant and the victim C(the age of 63) are people living in the three complexes of the D Apartment-gun, Jeonnam-gun.

On May 13, 2013, around 17:30 on May 13, 2013, the Defendant asserted that the victim operated the vehicle of the victim to the husband E in relation to the business of the above center for senior citizens in the third center for senior citizens, who is the general secretary of the center for senior citizens. However, E refused the victim’s request, thereby refusing the victim’s request, and led the victim to a dispute with E, rather than complying with the victim’s request.

이에 화가 난 피고인은 피해자에게 욕설을 하고 그 곳에 있던 흉기인 부엌칼(칼날 길이 약 18cm )을 오른손에 들고 "워메! 이 칼로 저놈 콱 쑤셔버렸으면 좋겠네!“라고 말하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C, F, G, and H

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 (the fact that the punishment is recognized and reflected, the kitchen knife has taken place, the kitchen knife has taken the kitchen knife and has not been displayed or threatened with the victim, the fact that it seems that it would lead to this case by causing a dispute with the victim, the fact that 30,000 won has been deposited for the victim, the fact that 30,000 won has been deposited for the victim, the fact that 10,000 won has not been subject to a suspended sentence in October of 204, along with the fact that there has not been any other penal power

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

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