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(영문) 서울중앙지방법원 2014.08.28 2014고단5063

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 6, 2014, at around 18:30, the Defendant, while under the influence of alcohol in front of Gangnam-gu Seoul, brought about a large galle of metal material (not less than 80cm in length) with a galle of metal material (not less than 80cm in length) and threatened the victims of approximately 20 minutes of Ma-gu against the students, etc., who had gone through the galle, with a large voice, who had been under the influence of alcohol, and then threatened the victims with approximately 20 minutes of Ma-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements concerning the accused concerning the suspect examination protocol of the prosecution;

1. Slick photographs;

1. Application of Acts and subordinate statutes to report on investigation (the summary of statements made by witnesses, and hearing of witnesses' telephone statements);

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The sentencing guidelines for the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are applied to the crime subject to discretionary mitigation. While the degree of imprisonment for six months to one year and six months is not serious in the basic field among the four types of intimidation, the crime subject to suspended execution of imprisonment with prison labor for the crime of intimidation, such as lethal weapons, etc. was committed again during the suspended execution period; the crime subject to punishment of interference with business and damage to property during the suspended execution period; and other factors such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., are considered in consideration of the sentencing conditions under Article 51 of the Criminal Act.