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(영문) 광주지방법원 2015.09.18 2015고단2787
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 18:10 on June 13, 2015, the Defendant: (a) viewed the victim D (nivers, 42 years of age) to drink and drink 4 years of age at the Cju store located in Gwangju-gu, Gwangju-gu; (b) decided that the victim would drink 4 years of age; and (c) decided that the victim would drink her drinking at the victim’s house, “I will drink her drinking at her mother?” but on the ground that the victim was aware of the victim’s words “Iskn’t??” on the ground that she became a son, the Defendant threatened the victim with a deadly weapon, which was in possession of B, by taking the victim into her mother machine ( approximately 24cm, No. 1) and said, “Iskn’t her to tear her to her mother,” thereby threatening the victim without carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Entry into the protocol of seizure;

1. Application of Acts and subordinate statutes entered in the written statements of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

1. The scope of the sentencing guidelines for sentencing [the determination of types of intimidation] (Habitual, Cumulative, and Special Intimidation) - Where the victim is fully responsible for the occurrence of a crime, [the determination of the area of recommendations] mitigation area [the scope of recommendations] 4 months to 1 year [the scope of general persons who are general persons] mitigation area] - the amount of mitigation factors

2. Whether or not to add a stay of execution - Where the reason for major reference is carried with a negative deadly weapon or other dangerous object: - Where the affirmative victim is fully responsible for the occurrence of the crime: Where the victim is also responsible for the occurrence of the crime - the reason for general reference is not recovered from the lack of negative social ties - The reason for general reference is not positive and contingent crimes: Bans.

3. Eight months (two years of suspended sentence) of imprisonment with prison labor for a sentence;

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