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(영문) 제주지방법원 2012.12.07 2012고단279
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

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. On November 30, 201, the Defendant committed the crime, around 21:40 on November 30, 201, entered the entrance door of the bathing room in front of the victim’s dwelling through the entrance door of the entrance door of the Jeju-si, where the victim C (here, 19 years of age) resides.

2. A crime on December 3, 201;

A. At around 13:30 on December 3, 201, the Defendant intruded the victim’s residence by entering the entrance door to the front of the entrance door without locking the said victim’s house.

B. The Defendant attempted to larceny, at the same time and place, opened a cooling door, and brought about the shoulder and straw, which was contained in the vinyl paper, but did not bring about the thief but failed to bring about the thief to the victim.

C. Around December 14, 201, the Defendant violated the Punishment of Violences, etc. Act (collective intimidation, deadly weapons, etc.) made a saw (50cc in length, 10cc in knife, 10cc in knife, and 5cc in knife in knife the victim’s face) at the victim’s home, and threatened the victim by stating that “When he does not refuse to kill, she would be difficult to make a report.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. A copy of the report sent out; and

1. Investigation report (Attachment of Criminal Police) and application of Acts and subordinate statutes governing the crime tool;

1. Article 319 (1) of the Criminal Act applicable to the facts constituting an offense (the points of intrusion upon each residence at the time of sale, the choice of imprisonment), Articles 342 and 329 of the Criminal Act (the points of attempted larceny at the time of sale, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (the points of intimidation at the time of sale);

1. From among concurrent crimes, Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated within the scope of the sum of the length of each offense committed in violation of the Punishment of Violences, etc. Act with the largest sentence];

1. It is only two times a fine during the last eight years under Article 62(1) of the Criminal Act;

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