logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.05.09 2014고단328
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 10, 2014, the Defendant violated the Punishment of Violence, etc. Act (collective, deadly weapons, etc.) committed a violation of the victim D (Taking 38 years of age) at around 10:50, the Defendant: (a) laid the victim into the head of his/her vehicle to talk about the fact that the female female E, who is a female of the victim, was in contact with him/her at around 10:50 on January 9, 2014; and (b) laid the victim into the head of his/her vehicle to talk about the fact that the female E, who is a female of the victim, would stop contact with him/her; and (c) laid the knife (the knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

2. Around 11:03 on the same day as the statement in paragraph (1), the Defendant damaged the property equivalent to 1.30,000 won in total, by finding the house of the above victim in Kimhae-si F, and destroying the victim’s house windows with a siren for the same reason as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Written estimate;

1. Photographss of house windows, siren photographs, and knife photographs;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (on-siteCCTV verification and photograph attachment);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of intimidation to carry dangerous things), Article 36 of the Criminal Act;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for the crimes of the above two crimes is aggregated).

3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

4. Probation of the Criminal Act;

5. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is a knife, which is a dangerous thing for the defendant to find in the victim's company.

arrow