logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.05.07 2014고단9275
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

At around 01:20 on September 10, 2014, the Defendant discovered the Victim E (the age of 37) in front of the D cafeteria located in the Busan East-gu, Busan-dong, and discovered the victim’s wife in front of the D cafeteria, and made a prompt walk to the victim, and threatened the victim with a deadly weapon (the length of 32 cm, 20 cm in length and 20 cm in length) and excessive (11 cm in length, the blade length of 20 cm in length), which is a deadly weapon held in the Defendant’s lux and so on.

Accordingly, the defendant threatened the victim as above in a knife, which is a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [Scope of Recommendation] The following factors are taken into account: Where a person commits a crime by force of an organization or a group or multiple persons, or commits a crime by carrying a deadly weapon or other dangerous articles (excluding cases to which special intimidation is applied) (the decision of sentence), the first offender, and the depth of the crime is against each other;

arrow