(영문) 대구지방법원 김천지원 2014.12.24 2014고단675

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(영문) 대구지방법원 김천지원 2014.12.24 2014고단675

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

except that 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 01:10 on March 26, 2014, the Defendant: (a) laid off four alcohol-related diseases, such as Cheongdoc and brea, displayed in the cooling house, and Kabropo, went to the victim E (the 17 years old), an employee of the above convenience store, without any justifiable reason, while taking one alcohol-related disease, which is a dangerous object, putting the victim into hand, cut off by putting it into the carpoter; (b) the other alcohol-related disease was broken up; (c) the victim was frighted to the carpoter; and (d) 2 the remaining alcohol-related disease, which is the dangerous object of the victim’s escape with the entrance of the victim, was benefiting the floor and the entrance of the convenience store; and (e) the victim additionally threatened the victim with one alcohol-related disease.

Accordingly, the defendant carried a dangerous weapon, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Act and subordinate statutes on site photographs and CCTV images;

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

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

1. The punishment of the crime is not exceptionally imposed in light of the background of the crime committed on the grounds of sentencing, allowances, methods, and the records of being sentenced twice due to similar crimes under Article 62(1) of the Criminal Act. However, the punishment is to be determined as ordered in consideration of the fact that it is contingent crimes, the fact that it has agreed with the victim, the fact that there is no criminal record of the suspension of execution or higher, and the scope of the recommended punishment according to the sentencing guidelines [the scope of the mitigation area (4 to 1 year), the special mitigation area (4 to 4 months, the special mitigation area: the person who is not subject to punishment], and all other circumstances, including the defendant's age, character and conduct, environment, etc.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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