beta
(영문) 부산지방법원 2015.01.21 2014고단7909

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

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

except that 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

[Criminal Power] On October 15, 2012, the Defendant was sentenced to a fine of three million won for the obstruction of performance of official duties by the Busan District Court, and has six times the same kind of violent force.

【Criminal Facts】

On July 16, 2014, at around 00:01, the Defendant threatened the victim E (the 58-year-old) who singing out of the D main shop located in Busan Dong-gu C, with a view to cutting off the beer’s disease, which had been located therein without any special reason, and then broken off the beer’s disease, which is a dangerous object, to the victim’s side interest, and “absing off the singing of the singish,” thereby threatening the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act and imprisonment with labor for an offense;

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

1. On the grounds for sentencing under Article 62(1) of the Criminal Act (Scope of Recommendation) of the suspended sentence, considering the following circumstances: (a) the mitigated area of sentence (4-1 year), the mitigated area (4-month repeated crimes, and special intimidation) (including special mitigation), or where considerable damage has been recovered from damage (decision of a sentence); (b) the defendant is against himself/herself; (c) the circumstances leading to the instant crime; (d) the details and contents of the instant crime; and (e) the fact that there was no criminal records that the Defendant has been punished beyond a fine;