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(영문) 청주지방법원 2014.11.19 2014고단1132

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Justice] On October 27, 2011, the Defendant was sentenced to imprisonment with labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes at the Cheongju Branch of the Daejeon High Court, and the judgment became final and conclusive on December 3, 2012, and completed the execution of the sentence in the Cheongju Prison on December 3, 2012.

【Criminal Facts】

At around 03:30 on July 19, 2014, the Defendant: (a) reported that the victim D (at the age of 18) who had been staying outside or going home and returned home for about one month prior to the Defendant’s residence; and (b) reported that “in case of going out or going out of the country, the victim would go out of the country”; and (c) the victim said that he would go out of the country, and said that he would go out of the country, he would get out of the country, and (d) said that he would go out of the country, the Defendant carried out a dispute with the victim’s right hand at one time, followed the victim’s hand by cutting down the victim’s hand; and (d) said, he saw the victim’s hand, which is a dangerous object at the kitchen cling, and 24 cm, with the victim’s hand.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs;

1. Previous records: Criminal records and other inquiries, investigation reports (report attached to criminal records of a suspect), application of court rulings and other Acts and subordinate statutes;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant committed the instant crime during the period of repeated crime, and the Defendant is inevitable to sentence a sentence as a disqualified person for suspended sentence.

However, the punishment as ordered shall be determined by taking into consideration the following factors: the defendant's age, character and conduct, the details and details of the crime, and circumstances after the crime committed after the crime, including the fact that the defendant's mistake is seriously against the defendant.