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(영문) 인천지방법원 2015.09.17 2015고단4569
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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 00:52 on May 10, 2015, the Defendant, within the E convenience store operated by the victim D (n, 45 years of age) located in Gyeyang-gu Incheon Gyeyang-gu Incheon, brought a chain (three cm in thickness, 71cm in length) which is a dangerous object from the victim by avoiding disturbance within the E convenience store operated by the victim D (n, 45 years of age).

In front of the above convenience stores, the Defendant: (a) stated that “the victim shall die in the Republic of Korea, i.e., g., g., Chewing and gue death shall be discarded; (b)” and (c) served as the victim with the pipe.

Accordingly, the defendant carried a pipe, which is a dangerous object, and shown the attitude that the victim seems to inflict any harm on the victim's life or body.

Summary of Evidence

1. Partial statement of the defendant;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Statement made to D by the police;

1. Written statements of D and F;

1. Seizure records;

1. Photographs [the defendant merely denied part of the form of crime that he used a pipe and did not display it, but there are no circumstances to deem that the victim D's statements expressed in the aforementioned evidence are specific and consistent, consistent with F's statements, and that there is no other reason to deem that F's statements were made false. Therefore, since the police's statement and statement are sufficiently reliable, the facts constituting the crime in the judgment is guilty] of the application of the law.

1. Articles 3 (1) and 2 (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. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for confiscation [decision of types] for the punishment of intimidation under Article 48(1)1 of the Criminal Act: Type 4 (Habitual, Cumulative, and Special Intimidation) [Scope of Decision on the Recommendation Area] basic area, six months to one year [general person] - The mitigation element - The mitigation element / the state of mental illness (whether suspended execution is responsible in person): the positive general reference factor; 1.

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