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(영문) 광주지방법원 목포지원 2014.12.01 2014고단1570

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. Around October 21, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) said that “the victim would die,” while taking one of the dangerous things stored in the EM3 car operated by the Pyeongtaek Defendant, among the disputes arising from C underground parking lots in Mapo-si B with the parking problems, the Defendant said that “the victim would die,” by having the victim take advantage of one of the dangerous things stored in the EM3 car (manufacturing number:F).

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant violated the Control of Firearms, Swords, Swords, Explosives, etc. Act without obtaining permission for possession at the time and place specified in paragraph (1) and possessing one gas sprayers (F) obtained from the Incheon Coast Guard before about 20 years.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs of the site and seized articles;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 (1) 1 of the Criminal Act, Article 283 (1) of the Criminal Act (a crime of intimidation to carry dangerous articles), Article 71 subparagraph 1 of the Control of Firearms, Swords, Explosives, Etc. Act, and Articles 12 (1) (a crime of unauthorized possession of gas sprayers and choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

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

1. Violation of the Punishment of Violences, etc. Act (Crime of Intimidation of Group, Deadly Weapons, etc.);

(a) Determination of types of crimes: Types IV (Special Intimidation) for violent crimes;

(b) Determination of the scope of sentence: the lower limit of the scope of sentence shall be modified by the mitigated area, and by the lower limit of the applicable sentences in June.

1. A person who is subject to special mitigation: A person not subject to punishment)

2. Criteria for handling multiple crimes;