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(영문) 의정부지방법원 고양지원 2015.03.20 2014고단2963
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. Around 17:50 on December 8, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (collective intimidation, deadly weapons, etc.), heard the horses from the victim that “if she is in such manner, she shall take the horse, she shall take the horse, she shall take the horse, she shall take the horse, and she shall take the horse from the victim who is a child of the Defendant (the age of 26), and “the dead and dead,” while she was in a dispute with the Defendant, at the house of the Defendant No. 217 and 104 of the Seongdong-gu, Gyeyang-gu, Seongbuk-gu, Seongbuk-gu, Seoul.

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

2. The Defendant causing property damage, on the same grounds as the preceding paragraph, was accompanied by the method such as gathering television, urinals, telephone, wooden chairs, etc. at a total amount of KRW 200,000,000 in the market value of the victim E-owned market in the house of the above Defendant and the victim E, on the floor.

Accordingly, the defendant damaged the victim's property and harmed its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Records of seizure and the list of seizure;

1. Application of statutes, such as site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles), and Article 366 of the Criminal Act concerning facts constituting an offense;

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Although it is a contingent crime for sentencing under Article 48(1)1 of the Criminal Act, and it was agreed smoothly with the victim, there is a high risk of recidivism due to the so-called domestic violence with heavy risk of committing the crime itself, and there is a record of punishment for the same or similar crime in the past, and it is not revealed.

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