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(영문) 대전지방법원 홍성지원 2015.04.29 2015고단79

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 17:50 on January 2, 2015, the Defendant: (a) placed the victim’s cargo vehicle operated by the victim C (the 47-year-old) prior to B around the 17:50 Boan City (the 47-year-old-si) in his/her right hand to prevent the victim’s cargo vehicle of Eropis, which he/she operated by the Defendant, from driving along the Eropis, and then drops the victim’s cargo vehicle at the back of the driver’s seat, which was a deadly weapon in the back of the driver’s knife of the Defendant’s knife; and (b) placed the victim’s cargo vehicle at the driver’s seat at the victim’s knife (the knife knife knife knife and knife knife knife knif.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on site photographs;

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. 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 [the scope of the sentencing guidelines under the law] 6 months to 15 years [the application of the sentencing guidelines] of the Act on the Suspension of Execution: Violence crime, intimidation crime, type 4 (Special Intimidation for Habitual Offense): The recommended area and the scope of the recommended range of punishment: Reduction area; the range of the recommended range of imprisonment with prison labor for not less than 4 months and not more than 1 year: Imprisonment for not less than 6 months and not more than 1 year (compliance with the minimum sentence of the punishment under the law) (the decision of the sentence] 6 months and the suspended sentence for not less than 2 years and the crime of intimidation with deadly weapons for 2 years, but it is not good for the defendant to commit the crime; however, the victim does not want the punishment of the defendant; considering the circumstances favorable to the defendant, other than the previous convictions due to traffic crime, and there is no special history of punishment except for the punishment twice, and the defendant's age, character, environment, motive and consequence, means and means of the crime.