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(영문) 광주지방법원 해남지원 2014.07.16 2014고단136
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant committed the following crimes under the status that the defendant lacks the ability to discern things or make decisions due to stimulative disorder.

1. Violation of the Punishment of Violences, etc. Act (Intimidation against groups, deadly weapons, etc.);

A. On May 11, 2014, at around 16:00, the Defendant: (a) asked the victim C (n, 53 years of age) to drink in telephone; and (b) asked the victim to answer that the victim had no drinking on the same day; and (c) sought the victim’s house located in Jindo-gun D on the same day at around 20:40 on the same day, and made a threat to the victim by putting him/her on his/her hand a stone with a stud and a string, which is a dangerous object prior to holding in the kitchen of the said kitchen; and (d) putting him/her at his/her hand with a string and a string for the kitchen of the said kitchen.

B. At around 22:55 on May 13, 2014, the Defendant: (a) discovered at the Fridge conference located in Jindo-gun, Jindo-gun, Jindo-gun, the Defendant threatened the victim by citing excessive (19cm in length) of dangerous articles (63 years old) that were previously possessed, without any justifiable reason, after going through a telephone, the victim G (the male and the 63 years old) who was a fluored wooder, as a kicker’s hand, and by threatening the victim.

2. At around 22:00 on May 13, 2014, the Defendant, at the home of the victim C located in Jindo-gun, Jindo-gun, Jindo-gun, left the victim’s house windows on the ground that the victim was not subject to telephone, and threatened the victim for about 10 minutes, including the phrase “the victim’s house windows from the victim’s house to the outside as soon as possible,” and the phrase “the victim’s house windows to the outside and to the be killed.

Summary of Evidence

1. The defendant's partial statement in court (the third trial date);

1. Each police statement of C, G, and H;

1. A medical certificate;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 283 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 283 (1) of the Criminal Act concerning the punishment of the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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