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(영문) 청주지방법원 영동지원 2013.07.11 2013고단45

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. On March 27, 2013, around 21:16, the Defendant threatened the victim C (here, 40 years of age) who was undergoing a divorce procedure with the Defendant, with the E Convenience store operated in the Chungcheongbuk-gun D, with the victim, in relation to the clock shift, and with the victim, and with the victim’s 20-liter, which was a dangerous object in storage in the warehouse, and the victim clicked with the victim, and said, “I will die and me will die by clicking.”

2. On April 3, 2013, at around 01:50, the Defendant: (a) told the victim C of a dispute on the ground that the said victim C was late residing in his/her own residence, F apartment 404, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do; (b) told the victim to throw away the kitchen knife (18cc in knife length) which is a dangerous object on the kitchen cling at hand; and (c) made the victim threaten the victim by raising the fire extinguishing machine (15cm in knife, 40cm in knife) which is a dangerous object at the entrance, and by threatening the victim by saying, “the victim is killed by shouldering his/her head.”

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning C and G;

1. The police statement of H;

1. Records of seizure and the list of seizure;

1. Application of each on-site photograph, ctv video photographic statute;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [a concurrent crime resulting from a violation of the Punishment of Violence, etc. Act (a violation of the Act on the Punishment of Violence, etc., of April 3, 2013 with heavier penalty] among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing under the following) [the scope of sentence under law] of imprisonment with prison labor for 6 months or 22 years or 6 months (decision of type] of 4 (Special Intimidation of Habitual Offense) (Special Intimidation of Habitual Intimidation) among the crime of intimidation (decision of type] mitigation element of punishment - non-compliance with prison labor for 4 months or 1 year (the scope of recommending punishment).