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(영문) 청주지방법원 제천지원 2014.12.30 2014고단284

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

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

One knife (No. 1) and one knife (No. 2) shall be confiscated.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

【Fact of Paragraph 1 at the Time of Sales】

1. Partial statement of the defendant;

1. C Witness’s testimony;

1. Each investigation report (such as submission of copies of bankbooks for victims, D telephone conversations for witnesses, E telephone conversations for witnesses);

1. A certificate of loan or a real estate lease contract (the fact of paragraph (2) at the time of sale);

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Seizure records;

1. A written diagnosis of injury (F), written estimate, photograph, photograph of criminal tools, photographic photo, and photographic photo of the victim (before previous conviction on the market);

1. The application of Acts and subordinate statutes on criminal records, etc., references to criminal records, pre-dispositions, results of confirmation, judgments, and current status of confinement or confinement of individuals; and

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for a crime, Article 347(1) of the Criminal Act, Article 366 of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, Article 257(1) of the Criminal Act, the choice of punishment for a crime

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders, has the history of serving several punishments for the same kind of crime (Fraud, injury, etc.). Among them, even though the past record of having been sentenced two times, it is very good that the Defendant committed the same crime during the period of repeated crime.

However, it shall be determined as per the order in consideration of all the sentencing conditions, such as the fact that the victims do not want the punishment of the defendant by the smooth agreement with the victims.