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(영문) 부산지방법원 2015.09.10 2015고단3865
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2015, around 08:40 on April 30, 2015, the Defendant made a threat to the victim D(53) who was working at a certain site prior to the Busan Dong-gu Seoul Special Metropolitan City on the ground that it would interfere with diving due to construction noise, “I wish to kill him by extinguishing this dog,” which was prepared in advance (9cm length, 20cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 283 (1) of the Criminal Act (the point of intimidation by using dangerous articles);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] : The method of committing a crime is not sufficient for a case in which a victim is threatened by using the excess of six-one year [Determination of Sentence] under Article 48(1)1 of the Confiscation Criminal Act, where the mitigation area (4-1 year), the mitigation area (4-1 year), the mitigation area (4-1 year), the exemption area (including serious efforts to recover from damage), the exemption area (including voluntary mitigation), or considerable damage recovery.

However, in consideration of the fact that the defendant is recognized as committing the crime, the fact that there is a reason to consider the motive for committing the crime, the victim is the front of the defendant, the defendant is sentenced to a fine of 300,000 won due to assault, etc., and there is no other criminal records other than the sentence of a fine of 30,000 won, other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the health conditions

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