logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2015.09.16 2015고단612
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

Defendants shall be punished by imprisonment for six months.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, at around 14:00 on May 2, 2015, at the time of the victim B (the age of 48) in Hongsung-gun, Hongsung-gun, Defendant A, the victim, who had a dispute with the victim, expressed his desire to do so to D with the victim on the ground that the victim had a desire to do so to D with the victim,” and Defendant A, who is a dangerous thing in the kitchen at the same time, took a kitchen (the total length of 39cm, the blade length of 19cm) and acted as the victim’s clothes towards the part of the victim.

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

2. Defendant B, on the ground that the date, time and place indicated in paragraph (1) and the victim D (the age of 52) who is not superior to the wage issue and the victim D (the age of 52) did not act as the victim D with the kitchen gate, which is a dangerous thing that the above A set up in the kitchen string of the kitchen.

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

Summary of Evidence

【Court No. 1】

1. Defendant A’s legal statement

1. Each protocol of suspect examination of Defendant B by the police;

1. Each police statement of the E, D, and F;

1. Seizure records;

1. On-site photographs (the second fact on the market);

1. Defendant B’s legal statement

1. Each police statement made to D or F;

1. Seizure records;

1. Application of statutes on site photographs;

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing):

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The following favorable circumstances shall be considered for the reasons for sentencing):

1. Confiscation Defendant B: The reasons for sentencing under Article 48(1)1 of the Criminal Act [the scope of applicable sentences under the law] shall be from 6 months to 15 years [the application of the sentencing guidelines]: Each violent crime, intimidation crime, and special stimulative person: the recommended range and the scope of recommended sentences: April.

arrow