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(영문) 부산지방법원 2015.08.20 2015고단1485
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

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

1. On December 18, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and threatened the victim E (the age of 39) who is in the interior interior interior interior interior interior interior interior interior interior interior interior interior interior c, in the influence of alcohol, around 23:25, 2014, under the influence of alcohol, the Defendant threatened the victim by saying, “I kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn.

2. The Defendant destroyed property damage, at the above time and at the above time and place, she fleded the instant E, thereby spreading the actual container to the co-owner F, 419,000 won, which was placed on the clothes for sale, by putting the instant garlcing container with the garlcing container on the above garlive floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report (for statements made by the victim F of damage to property);

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Articles 283 (1) and 366 of the Criminal Act concerning the crime;

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

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

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

1. In consideration of the fact that the sentencing guidelines under Article 62-2 of the Social Service Order Criminal Act does not have the same record as the reasons for sentencing, the extent of damage is not relatively heavy, and the crime is committed seriously, the sentencing guidelines shall be set within the scope of imprisonment with prison labor (in the case of imprisonment with prison labor for eight months [the scope of recommendations] (eight to eight months), the aggravated area (eight to eight months), (eight to two years), or the aggravated area (eight to a special), or carrying a deadly weapon or other dangerous articles (excluding the case where special intimidation is applied).

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