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(영문) 광주지방법원 목포지원 2015.01.23 2014고단1557
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A operates a gas station with Defendant B’s son, and the Defendants operate a gas station with the trade name of “Friju station” in the Gun-U.S.-U.S. E.

At around 15:45 on July 1, 2014, the Defendants jointly carried out a knife, which is a dangerous dangerous weapon that was kept in the work room located adjacent to the office, and Defendant B threatened the victim G (the age of 45) with a knife as “ soon as possible”, and with a brick, which is a dangerous object in the chemical team, with the victim’s knife, and the Defendant A threatened with another hand by taking the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

As a result, the Defendants threatened the victim by carrying the knife and the knife, which is a dangerous thing.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness G and H in part;

1. Part of the prosecutor's statement concerning G;

1. Evidence No. 2 of the CD submission document (as seen in the above part of 35 seconds to 46 seconds, it is clearly confirmed that Defendant B cited the finger in the warehouse and put it on a book, and that Defendant B’s face to go along with the victim leaving the office) and the application of field photograph laws and regulations

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Articles 283 (1) and 30 of the Criminal Act

1. Defendants subject to suspended sentence: Article 62(1) of the Criminal Act (in the case of Defendant A, there is no history of criminal punishment, support for wife and her children, etc.). In the case of Defendant B, the scope of sentence recommended in the sentencing guidelines by taking into account the following factors: (a) the scope of sentence [not less than six months but not more than one year and not more than six months; (b) violent crimes; (c) the four types of intimidation crimes; (d) special mitigation factors in the basic area; and (e) special mitigation factors in the basic area.

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