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(영문) 창원지방법원 거창지원 2016.01.20 2015고단205

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 3, 2015, the Defendant brought the victims of his gas in front of the residence of the victim D (62) and E (58 years old) located in Gohap-gun, Chungcheongnam-gun, Gyeongcheon-gun on August 3, 2015.

I think, while the victims' whereabouts were confirmed to the victims, the victims were unbrupted and tured.

Accordingly, the defendant is able to keep his body in mind for the victims.

Dr. The kniff is dead, and the death is only that.

The term "," means "contribute, the dangerous object cited in a lush hand (43 cm in length, 21 cm in length) was threatened by threatening the victim E two times in length, with a lushed and with a lushed.

Defendant D continued to carry the above-mentioned improvement and to the victim D who was next to it.

The victim D was threatened by the expression "I Gaba, I Ba, I Ba, I Ba, I am dead."

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Application of the police seizure protocol statutes;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with punishment prescribed for special intimidation against victims E with heavier penalty);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The basic area (from June to one year and six months) of the recommended punishment [the scope of recommended punishment] according to the sentencing guidelines shall not be included in the category 4 (Habitual, Cumulative, Cumulative, Special Intimidation).

2. Under the decision of sentence, the sentence is to be imposed in full view of all the circumstances, such as the Defendant’s age, sex, occupation and environment, the circumstances and results of each of the instant crimes, and the circumstances in which the sentencing conditions as shown in the arguments and records, such as the circumstances after the commission of the crimes.

Unfavorable circumstances: The defendant uses dangerous articles or carries them, and the victims.