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(영문) 대전지방법원 공주지원 2014.11.07 2014고단228

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:08 on August 18, 2014, the Defendant, at the house of the victim C (54 years of age) located in B, was dissatisfied with the Defendant’s complaint that the Defendant would visit the victim by entering the victim’s house without permission, and found her gate (70cm in total length, 50cm in length, 50cm in length), which is a dangerous thing in the Defendant’s house, and threatened the victim by threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report, a criminal investigation report (Attachment to a list of 112 reported cases), an investigation report (in cases of a suspect for committing a crime, re-issuance

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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on Probation, Articles 59 and 62 of the Act on Probation, etc.;

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The range of sentence comparison between the applicable sentences and the recommended sentences in cases where the mitigated area (referring to four months to one year), the mitigated area (including a person who has been specially mitigated), the punishment not (including a serious effort to recover damage), or considerable damage has been recovered from the mitigated area: 6 months to one year; and

2. Determination of sentence - 6 months of imprisonment, 1 year of suspended sentence, and 1 year of probation entered the victim’s residence without permission, and the victim prevented it, thereby threatening the victim’s freedom of decision-making and life and body.

Nevertheless, the Defendant committed the instant crime up to this Court.