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(영문) 의정부지방법원 2016.02.16 2014고단4454

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

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

Reasons

Punishment of the crime

On October 24, 2014, the Defendant: (a) around 18:00, on the first floor and upper floor of the building B in Gui-si, Mari-si, the victim C (44 years) of Mari-Ba, who was a manager, sent out of Mari-si, on the ground that Mari-Ba, caused disturbance to customers; (b) entered the Mari-si, “D” main room located in the vicinity, and made a Mari-si, a lethal weapon ( approximately 41cm in total length, approximately 26cm in daily length: 26cm), and threatened the victim, “Death Mari-do,” and threatened the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. E statements;

1. Application of Acts and subordinate statutes governing criminal implements photographs;

1. Relevant legal provisions for criminal facts, Articles 284 and 283(1) of the Criminal Act for the selection of punishment, grounds for sentencing of sentence of imprisonment [the scope of recommended punishment] [the scope of recommendation] types 4 (Habitual, Habitual, Cumulative, and Special Intimidation) and the basic area (six months to one year and six months) [no person who is subject to special sentencing] [the decision of sentence] is inferior to the nature of the crime, and is not agreed with the victim