beta
(영문) 전주지방법원 군산지원 2015.05.01 2015고단182

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

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

A seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant is a victim C (nive, 34 years old) and about one-month teaching service, and he was a police officer in January 2015.

On February 18, 2015, around 05:10 on February 18, 2015, the Defendant sought to return back to the E main points operated by the said victim, but the said victim refused to return to the said place and brought the knife at the Defendant’s home of the defect and brought the knife to the said victim.

1. At around 05:20 on the same day, the Defendant committed the crime against the Victim F, the Defendant, holding a knife (the total length of 34cm, the knife length of 22cm), which is a dangerous object surrounding the paper, from the Defendant’s house located in Gunsan-si G Apartment 109.50 507 on the same day, and demanded the victim F (the age of 62) who was waiting in front of the Defendant’s house to take a knife and move the knife to the nearest area of the said Eknife, and present the knife after deducting the victim from the paper of the knife to the victim.”

2. At around 05:35 on the same day, the Defendant cited the above E-State store with the victim E-state, thereby threatening the victim C to the effect that the victim “a dead or dead,” and thereby threatening the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C, H, and F;

1. Application of Acts and subordinate statutes to the records of seizure, the list of seizure and the photograph of a place knife at the time of arrest;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendation / [the scope of recommendation / [the scope of recommendation / six months to one year and six months] of the basic area (6-1 year and six months) of the sentencing of category 4 (Habitual Cumulative Offense, Special Intimidation] of the Criminal Act / [the scope of recommendation / six months to two months] of the lower limit of the basic crime / six months, and the upper limit is the basic crime.