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(영문) 창원지방법원 통영지원 2014.01.28 2013고단904

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On August 9, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) said that, around 03:40 on August 9, 2013, the victim E (the age of 47) took a bath to the Defendant that the victim E (the age of 47) was able to talk with the victim, such as F, in front of the D convenience point located in Tong Young-gu, the Defendant took a part of the beer’s disease on the floor. In other words, the Defendant shicked a beer’s disease on the floor at the entrance of the above convenience point, shicked the beer’s disease lighting on his/her hand, harming the victim.

Accordingly, the defendant carried a cloaker cloak, which is a dangerous object, and threatened the victim.

2. The Defendant causing property damage, at the date, time, and at the place specified in Paragraph 1, destroyed the said car to cover approximately KRW 482,170,00 for repair costs, such as: (a) intending to take away from the G A-to-pubed car owned by the victim F (the age 42) of the Defendant, which is owned by the said E, due to the threat of the Defendant; and (b) having taken the front side of the said D-D convenience, a plastic simplified custodian, which was placed on the B-W, toward the front side of the said car; and (c) putting the front and rear door of the said car.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A criminal investigation report (Attachment of photographs);

1. Application of the written estimate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of intimidation to carry dangerous things), Article 36 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. According to the sentencing guidelines of Article 62-2 of the Probation Criminal Act, the defendant is sentenced to the lower limit of six months of imprisonment.