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(영문) 대구지방법원 포항지원 2015.11.05 2015고단620
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

The defendant is between the victim C (ma, 64 years of age) and the married couple.

1. On May 10, 2015, from around 15:30 to around 17:20, the Defendant found the “E” store operated by the victim in the south-gu, Nam-gu, Chungcheongnam-si, and used the cryp flab to “I will throw away the flab” and “I will throw away the flab on the cryp,” and the cryp 1 liter of the cryp flab in the cryp and the body of the Defendant.

As a result, the Defendant prepared for the purpose of setting fire to existing buildings such as “F bread house” staff G, etc. attached to the above store.

2. Around 17:04 on May 10, 2015, at the place indicated in Paragraph 1, the Defendant stated that “The Defendant would throw away property without giving rise to 50% unless giving rise to 50% of property.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. Police seizure records;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant provisions of the Criminal Act, Article 284 of the Criminal Act, the choice of punishment for the crime, and Articles 175 and 164 (1) of the Criminal Act (the occupation of the current main building or fire prevention);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

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

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the crime is heavy in light of the method of crime, contents, and the fact that the defendant, for the reason of sentencing of Article 48(1)1 of the Criminal Act, spreads the burner of inflammable substances into a building in which people exist, puts them into a disposable base, threatens victims, etc., and is highly likely to commit the crime.

However, the defendant does not turn off the fire in a single-use dog.

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