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(영문) 창원지방법원 통영지원 2014.11.28 2014고단752

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 one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On August 10, 2014, around 04:38, the Defendant assaulted the victim E (the 22 years of age) and the items that the victim intended to purchase from “D convenience stores” located in Young-si, Ma Young-si, Ma Young-si, with the victim’s hand floor being shicked once.

2. The Defendant violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) cited excessive (10 cm in length and 22 cm in total) which is a deadly weapon at the convenience store on the ground that the victim continues to be in accordance with the date and place specified in paragraph (1), and made a threat to the victim by stating that the victim would be killed.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and F;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Article 260 (1) of the Criminal Act that applies to a crime, the choice of a punishment, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (the point of intimidation to carry a deadly weapon);

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 for sentencing under Article 62-2 of the Criminal Act, the defendant is recommended to be sentenced to six months or one year or 11 months of imprisonment (the recommendation for the basic area of "general assault" (no special person) with respect to the first crime at the time of sale, recommendation for the basic area of "special intimidation" (no person in special form), recommendation for the basic area of "special intimidation" (no person in special form), multiple crimes). The defendant has the record of being punished for the same crime, and the crime No. 2 of the judgment in question has the record of being punished for the same crime, and the defendant has used a deadly weapon in the case of the crime No. 2

However, the defendant is depth.