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(영문) 창원지방법원 통영지원 2015.11.04 2014고단872
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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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

Criminal facts

At around 18:20 on April 9, 2014, the Defendant: (a) returned to the Defendant for the reason that the Victim E (the 62 years of age) was frighted to himself; (b) brought the Victim E (the f2 years of age) into the Defendant’s house warehouse located in the vicinity of the Defendant’s house, and threatened the Victim with the truck (the 65cm in total length, the 7cm in length on the day, the 7cm in length). However, even from the stairs of the above fla 202, the Defendant threatened the Victim with the fla 202 in his hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Each investigation report (written agreement and photographs of Dogs);

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of seized evidence;

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

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

1. A victim who is not subject to the punishment in the area of mitigation (four months to one year) (special mitigation) of sentence (four months to one year) according to the sentencing guidelines, the range of recommending punishment [the scope of recommending punishment] according to the sentencing guidelines;

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: Who has a record of being sentenced to suspended sentence, such as intimidation, etc. using dangerous things, with a high risk of such danger and record of being sentenced to suspended sentence;

(k) favorable circumstances: The fact of intimidation, the fact that the victim wants to take the action against the defendant by agreement with the victim, and reflects it;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the age, character and conduct, environment, and circumstances after the crime, shall be taken into consideration to determine the sentence against the defendant.

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