logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2015.02.09 2014고단2065
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six 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 22:30 on September 29, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) expressed the attitude of the victim D (the age of 40) as a dangerous object to the victim on the ground that the victim D (the age of 40) was under the influence of alcohol at the CNa-si B, Mapo-si, on the ground that he/she neglected himself/herself.

2. The Defendant committed assault on the date and time as indicated in Paragraph 1, and at the place of the assault, whether the Defendant’s intimidation is driving away from the victim, and the victim’s right right direction was flicked.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning report on internal accidents (the statement of an excursion ship filed by a shote E);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles), and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Violation of the Punishment of Violences, etc. Act;

(a) Determination of types of crimes: Types IV (Special Intimidation) for violent crimes;

(b) Determination of the scope of sentence: Basic area, six months to one year and six months (no special person shall be punished);

2. Crimes of assault;

(a) Determination of types of crime: Type 1 of assault crime;

(b) Determination of the scope of sentence: Basic area, two months to ten months (no person in special form):

3. Standards for handling multiple crimes: From six months to one year.

4. The decision of the sentence and the suspension of execution are recognized and against the defendant's mistake, the fact that the defendant appears to be an contingent crime, not a planned crime, and the defendant is subject to criminal punishment exceeding a fine for the last five years;

arrow