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(영문) 대전지방법원 서산지원 2014.07.04 2013고단543

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 May 7, 2013, the Defendant: (a) around 14:20 on May 7, 2013, the victim D (n, 64 years of age), operated by Thai-gun C, made a payment of the victim’s clean value; (b) listens to the horses that he would go from the telecom, and sees the horses that he would go to the telecom; and (c) laid off steel pipe (120cm in length) which is a dangerous thing that he would go to the telecom, and threatened the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1), Article 2 (1) 1, and Article 283 (1) of the Act on the Punishment of Violences, etc. of Specific Crimes and the Selection of Punishment of Violences, etc.;

1. Although the Defendant’s method of committing a crime is very dangerous for the reason of sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below), considering the following factors: (a) the Defendant’s mistake reflects his depth; and (b) the fact that the Defendant agreed smoothly with the victim is favorable to the Defendant; (c) considering the Defendant’s age, criminal record, occupation, etc., the sentence as indicated in the instant judgment should be determined and the execution thereof should be postponed

It is so decided as per Disposition for the above reasons.