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(영문) 전주지방법원 군산지원 2015.04.02 2014고단1225

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

On September 29, 2014, the Defendant: (a) around 22:00, at the house of the C, the B apartment 201 Dong 609, the Defendant, along with the victim D (the age of 53). On September 29, 2014, the Defendant, while carrying out the scam game, was scambling with the victim on the ground that the victim was scambling the right shoulder of the victim on the ground that the victim was scambling the Defendant’s fake, followed up several times on the right shoulder of the victim on the ground that the victim was scambling, and threatened the victim by stating that the knife, which is a dangerous thing in the main room of the victim, was scambling the victim on the right shoulder for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Violences, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

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 the above two crimes);

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

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 62-2 of the Social Service Order Act, the first crime [the scope of punishment for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.)] [the scope of punishment for a intimidation] / [the scope of punishment for a intimidation] / [the minimum limit of punishment for a person who has been subject to special mitigation] / the mitigation area (including a serious effort for recovery of damage), the punishment for a person who has not been subject to punishment (including a serious effort for recovery of damage) or considerable damage] / [the scope of punishment for a person subject to general mitigation] / [the scope of punishment for a person subject to special mitigation] / the mitigation area of punishment for a person subject to punishment (including a serious effort for recovery of damage) or for a considerable partial recovery, the final sentence according to the aggravated punishment for a person subject to the aggravated punishment for a majority of crimes: six to one year (the lower limit of punishment for a person subject to statutory aggravated or mitigated punishment] / [the decision of a defendant without any justifiable reason]