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(영문) 부산지방법원 2015.09.16 2015고단4349
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

At around 22:00 on June 15, 2015, the Defendant had been living together with a woman living together with the Defendant on the ground that B, who was aware of the fact, participated in the case.

On June 15, 2015, at around 22:10, the Defendant used a knife (30cm in total length, 18cm in length) which is a dangerous object to “E” operated by the wife D (W, 55 years old) of the above B in Busan Jin-gu, Busan, and used the knife knife at the victim’s toward the victim, and expressed the above knife knife at the victim’s end, and “B is flife and flife, and only flife and flife, all flife, all flife, all flife, and all flife, all flife.” The Defendant threatened the victim, and flifeed six customers who were in the main place, and flifeed up to the outside.

Accordingly, the defendant threatened the victim with dangerous articles, and interfered with the victim's restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning B and D;

1. Seizure records, etc.;

1. Application of the Acts and subordinate statutes for investigation reporting;

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) 1 of the Criminal Act, Articles 283 (1) and 314 (1) of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the following favorable circumstances):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The sentencing criteria [decision of types] the crime of intimidation, Type 4 (Special Intimidation of Habitual Cumulative Offense), the area of mitigation (Special Sentencing) where the degree of intimidation is minor, April 2 to one year;

2. Comparison of applicable sentences and recommended sentences: Six months to one year; and

3.To make intimidation to the victims by carrying with them the knife of sentence;

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