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(영문) 부산지방법원 2015.09.16 2015고단3496
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

On May 14, 2015, the Defendant, at around 10:10 on May 14, 2015, determined that the victim E (55 years of age) who is in charge of a management position at the office of the managing director of the second floor D D D in Busan, the office of the managing director, embezzled the company’s money so that it is difficult to maintain the company’s circumstances, and led the victim to a threat of the victim by making a deadly weapons (35 cm in total length, 13 cm in total, 7 cm in day, and 7 cm in day) while under the influence of alcohol, he saw that the victim was seated in the office of the victim, and her seated with the victim “Is the victim who was in charge of the management position at the office of the managing director of the second floor D in Busan, and led the victim to threaten the victim by taking advantage of the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, G, H, and I;

1. Application of Acts and subordinate statutes on seizure records;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] No person [No person who is a special person] (Article 48(1)4 types (Habitual Offense, Habitual Offense, Special Intimidation) (Article 48(1)4 types (Article 4-1 and 6 months) of the Criminal Act [Decision of Sentence] [Article 48(1)1 of the Criminal Act for the crime of this case is a serious crime that the defendant prepared and threatened

However, considering the fact that the defendant is against the defendant, there is no criminal conviction or more than the suspension of execution, the social relationship is clear, and the detention of the defendant seems to involve excessive difficulty for his family members, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment shall be determined as ordered.

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