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(영문) 춘천지방법원 원주지원 2015.11.03 2015고단805

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 09:00 on July 27, 2015, the Defendant expressed that “C” office where the Defendant was working for the 805th floor of the 8th floor of the building B, the Defendant would be urged to pay the borrowed amount of KRW 1,500,000 from the victim D (the age of 27 years) to the Defendant, and that “the Defendant shall be off the humfed off the humf,” and the Defendant sat down the hum and sat down the breast.

As a result, the Defendant inflicted injury on the victim, such as “influoral fluoral fluoral fluoral fluoral fluoral fluor,

2. Special intimidation: (a) the Defendant continued to demand the above victim to repay the borrowed money at the same time and place as above; (b) held the victim as his hand a deadly weapon, which is a deadly weapon located in the office work site; and (c) said the Defendant said the victim as “before the death or death.”

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Recording records;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257 of the Criminal Act, the choice of imprisonment for a crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the mitigation area (4 to 1 year), the mitigation area (4 to 4 months), the punishment not (including serious efforts to recover damage), or considerable partial damage has been restored, for the crimes of intimidation 1 (Scope of Recommendation).

2. Where the mitigated area (two to one year), the mitigated area (including specially mitigated persons), the punishment not (including advanced efforts for recovery of damage), or considerable damage has been recovered from the mitigated area (two to one year), the second-class general injury (Scope of recommending punishment).

3. The scope of final sentence due to the aggravation of multiple offenses: four months to one year and six months; and

4. Determination of sentence: Imprisonment with prison labor for four months, and a year of suspended execution, the Defendant used violence against the victim who demanded repayment of the obligation.

However, the defendant.