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(영문) 춘천지방법원 영월지원 2014.11.14 2014고단315

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for one year.

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 15, 2014, at around 01:50, the Defendant demanded that the victim D (the 26-year-old) who is an employee under the influence of alcohol at the convenience store C located in Gangseo-gun, Gangwon-gun, bring cans to the beer in half-yearly. The Defendant heard the phrase “I see that I will do anything directly with the intention of doing so. I will see the victim,” and “I will see the four cm.” On the part of the victim, I am on the back of the truck parked in front of the above convenience store (20 cm in length) and threatened the victim in such a way as to threaten the victim by sound, “I am going to go to the outside,” and “I am to the outside.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs improved;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing guidelines (Scope of recommendations) : Terrorism, Type 4 (Habitual Cumulative Offense, Special Intimidation) and the basic area (one to one year and six months of imprisonment) (no person specially punished);

2. Consideration of the fact that a defendant who has been sentenced to a fine one time due to a crime of violating the Road Traffic Act has no special criminal records and reflectability, etc.;