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Reasons
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(영문) 수원지방법원 여주지원 2014.06.09 2013고단1028
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

Punishment of the crime

1. At around 09:53 on May 11, 2013, the Defendant, at the house of the victim D (Woo, 36 years of age) located in Gyeonggi-gun Co., Ltd. C401, and on the ground that the agreement amount agreed on rape in the past was changed and promoted, the Defendant expressed the attitude of threatening the victim to inflict any harm on the victim’s life or body, which is a dangerous object (12cm in length, 12cm in length, 19cm in length).

2. At around 11:30 on July 15, 2013, the Defendant died and cross-sected on the ground that no door is opened at the house of the above D;

If the death is not caused by A, not by A.

“A person who has opened a door and pushed off a victim by force, and forcedly sealed the victim, and expressed his attitude that the victim’s head was assaulted once by using the plastic ice (a 19cm, 16cm, 5cm high, 5cm) which is a dangerous object in the air conditioners, and that the victim’s head was frightened by using the victim’s head at one time, and that the above knife, which is a dangerous object in the scam, was frightened by the victim, and that the victim’s life or body would be harmed unless the victim’s horse is heard.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to prosecutions and police statements concerning D;

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. 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 (see, e.g., the fact that an agreement is made with the victim, and that the defendant reflects the crime);

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

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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