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(영문) 청주지방법원 충주지원 2013.12.06 2013고단716

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

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

Reasons

Punishment of the crime

On June 5, 2013, at around 18:50 on June 5, 2013, the Defendant: (a) demanded the victim D (88 years of age) who is the owner of the house, to change the tight monthly rent; and (b) threatened the victim by saying, “pather and will do so,” fat, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Application of the police statement law to D;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant, the principal offender, was the victim, who was the head of the house, in turn, at a dangerous object and threatened the victim. The victim is a person aged 88 years old, who is vulnerable to the crime, and thus, the nature of the crime is very good.

However, considering the facts that the defendant reflects the crime in favor of the defendant, and considering other circumstances that are conditions for sentencing as shown in the records, such as the age, character and conduct, occupation and home environment of the defendant, the sentence of the same punishment as the sentence shall be imposed on the defendant