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(영문) 광주지방법원 목포지원 2014.12.18 2014고단1556
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 7, 2014, the Defendant causing property damage: (a) around 20:30, the Defendant: (b) obstructed the disturbance from C cafeteria located in C cafeteria B, an employee, and (c) obstructed the Defendant’s identity on the ground that the disturbance was unfolded, and (d) caused a cover by the Defendant’s identification; and (b) destroyed the Defendant’s unclaimed repair cost by walking the door door glass door to the entrance.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) and at the place specified in paragraph (1) and at the same time, threatened the victim D (Nam & 28 years of age) with two descendants, and led the victim D (a person south and 28 years of age) with the sound that “I must not see that I will inflict bodily harm on the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for a crime, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (a crime of intimidation to carry dangerous articles);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Violation of the Punishment of Violences, etc. Act;

(a) Determination of types of crimes: Types IV (Special Intimidation) for violent crimes;

(b) Determination of the range of sentence: the lower limit of the range of sentence shall be modified according to the mitigated range, and the lower limit of the applicable sentencing range in June.

1. A person who is subject to special mitigation: A person not subject to punishment)

2. The sentencing criteria are not set for the crime of causing property damage.

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