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(영문) 부산지방법원 2014.06.11 2014고단1138

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around 05:50 on February 1, 2014, the Defendant: (a) expressed the victim’s victim F (the employee’s age 35) and the time extension of D’s operation in Busan Sho-gu C; (b) expressed the victim’s desire to “hyp hyp hyp hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hy

2. In the above time, place, and where the Defendant received questions from the victim H, who is a police officer belonging to the G District District, who was dispatched after receiving a report of 112, and was asked questions about the situation of the case, and where D, etc., the Defendant publicly insultd the victim by openly insulting the victim by stating that “I would have been aware of it. I would like to see the victim. I would like to see only once, I would like to do so.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Partial statement of the witness D;

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol of statement to F;

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, Article 311 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommendations] is the mitigated range (4-1 year) (4-1 year) [Special Mitigation] of the mitigated range (4-1 year] of the punishment and the recommended range: Six months or more [the scope of revised recommended sentences] of imprisonment for not less than six months (the scope of revised recommended sentences), and compliance with the lowest limit of the sentencing range for the crimes for which the sentencing guidelines are set (the crime for which the sentencing guidelines are not applied, and the crime for which the sentencing guidelines are set).