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(영문) 제주지방법원 2014.12.05 2014고단1248
폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

(2) On April 22, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. and a fine of KRW 300,000,000 at the Jeju District Court on April 22, 201, and the judgment became final and conclusive around October 17, 2014.

【Criminal Facts】

At around 02:00 on February 25, 2014, the Defendant: (a) provided the victim D(W), “E” restaurant operated by the victim D(W, 54 years of age), and (b) provided the victim with alcohol and alcohol equivalent to KRW 60,00,00, and then requested payment of the drinking value, the victim’s face at one time via drinking, and (b) threatened the victim with the victim’s face, which is a dangerous thing in the carter.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D's testimony;

1. Application of Acts and subordinate statutes to field photographs, records of seizure (propact submission) and lists of seizure (Evidence Nos. 8, 9);

1. Relevant Article of the Punishment of Violences, etc. Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;

1. Handling concurrent crimes: The latter part of Articles 37 and 39 (1) of the Criminal Act (the crime committed on the market is concurrent crimes with larceny, etc. in a judgment that became final and conclusive);

1. Discretionary mitigation: A punishment is not applied inasmuch as the latter part of Article 37 of the Criminal Act, which provides for the punishment as the reasons for sentencing in consideration of all the following circumstances, is concurrent crimes under Article 53 and Article 55(1)3 of the Criminal Act (i.e., taking into account the circumstances of the crime). favorable circumstances: (a) the details of the specific crime, such as the tool of the crime, the details of the crime, and the circumstances after the crime, are not good in light of the circumstances; (b) the fact that there was a history of having been sentenced several times due to the theft crimes, etc.; (c) the balance between the case and the case where a judgment is rendered at the same time: (a) the crime of larceny, such as theft, etc. in which the judgment becomes final and conclusive (a) steals goods from the residence, letter, etc. of the crew members or intrudes into the structure and steals the goods by taking advantage of the stolen credit card.

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