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(영문) 전주지방법원 군산지원 2015.06.19 2015고단365
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

A seized kacker (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

1. On January 21, 2015, the Defendant, at around 20:35, entered the state of “D” main points of the victim’s operation in Gunsan City C, and concluded that the victim would not drink the Defendant, and said, the Defendant expressed the victim’s desire to “the same bit of bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a brea of a bit of a bit of a bit of a bit of a fbit of a fbit of a fbit of a fbit of a fbit of a son of a son of a bit of a son of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a fling.”

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

2. The Defendant committed the crime against the victim E (the age of 69) stated that, immediately after committing the crime described in paragraph 1, the Defendant her knife the knife inside the above main points, “the Defendant knife the knife.” she listens the horses from B to the main points, and she saw the victim into the main points before the above main entrance, and her knife the knife knife the knife as indicated in paragraph 1, which is a lethal weapon towards the victim, and called “

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of B and E (victim);

1. Sackers' photographs, etc.;

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

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

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. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of recommendation] of Article 48(1)1 of the Criminal Act: (a) the basic area (6 to 1 year and 6 months) of types 4 (Habitual Offense, Offense, Special Intimidation) (Special Intimidation) is nonexistent [the decision of sentence] of the defendant, who is a dangerous object, without any reason.

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