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(영문) 대전지방법원 홍성지원 2014.11.26 2014고단605
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

On July 26, 2014, the Defendant: (a) around 21:20, at the “Cju store” under B, and around 21:20, the Defendant: (b) under the influence of alcohol, while drinking with the victim D (the age of 52) and drinking, and, without any reason, deemed the victim to have weak ability or decision-making ability to discern things; (c) and (d) went away from the kitchen, which is a dangerous weapon possessed in a gun, the kitchen, and threatened the victim by leaving the kitchen gun (the length of 20c meters), which is a dangerous weapon that the Defendant was seated.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Seizure records;

1. Application of Acts and subordinate statutes governing the scene of damage;

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Determination of the type of sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of applicable sentencing under the law] between three and seven months of imprisonment [the scope of applicable sentencing guidelines]: Violence crime, intimidation crime, Type 4 (Special Intimidation): The area of recommending and the scope of recommended punishment: the area of mitigation, suspension of execution of execution of imprisonment with prison labor for not less than four months and not more than one year (decision of sentence], suspension of execution of execution of imprisonment with prison labor for not less than four months but not more than one year (decision of sentence], and the nature of the crime is not good, but the defendant has committed a somewhat contingent crime under the influence of under the influence of alcohol, and the victim does not want the punishment against the defendant, and the defendant does not have any specific favorable crime after he was sentenced to suspended execution of the sentence for not more than one year.

(b) other.

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