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(영문) 전주지방법원 2015.02.05 2014고단1894

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

The defendant was a resident living in the 101-dong, Jeonbuk-gun, Jeonbuk-gun, and he was dissatisfied with the son's son's son's son's son's son's son.

피고인은 2014. 8. 23. 15:20경 위 아파트 101동 앞 노상에서, 아이들이 노는 소리에 잠에서 깼다는 이유로, 위험한 물건인 ‘나뭇가지 제거용 칼(일명 ‘정글도’, 총 길이 40cm)’을 가지고 나와 위 칼로 화단 대리석을 내리쳐 아이들로 하여금 도망가게 하고, 아이들이 타고 놀던 킥보드를 내리치려 하였으며, 이에 피해자 D이 “왜 이러세요. 너무 위험한 거 아니에요!”라고 따지자 위 칼을 피해자에게 들이대며 “이게 뭐가 위험하냐.”라고 말하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police protocol of statement about E and F, each police suspect interrogation protocol of D against each police officer;

1. Criminal papers, each criminal investigation report, and evidential materials attached thereto;

1. Application of Acts and subordinate statutes to field photographs, vehicle booms, and CCTV images-faging photographs;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the circumstances favorable to the defendant, such as the fact that the defendant led to the confession of the crime in this case, and that the defendant wanted to take advantage of the defendant's wife by agreement with the victim D) is recognized, and the favorable circumstances such as the defendant would have been considered earlier.

However, the crime of this case is a deadly weapon that the defendant threatened the child with a deadly weapon and threatened the victim D with a deadly weapon, and in light of the fact that the crime is very poor, that the crime is very heavy, and that the defendant has the same criminal power, the sentence against the defendant shall be imposed.