logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.04.04 2012고단8671
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

On December 1, 2012, the Defendant was punished for the problem of settling the drinking value with the victim at the Dju room operated by the victim C (year 41) of the first underground floor in Daegu Dong-gu, Daegu-gu, 2012.

At all times, they threatened the victim by taking the attitude that the difference of the glass material, which is a dangerous object in the table, seems to have been faced with the victim, and the victim frighted to the studio outside of the room, and damaged the incidental entrance to the 275,000 won at the repair cost.

The defendant, carrying dangerous articles, threatened the victim, and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the written estimate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 283 (1) and 366 of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing")

1. Imprisonment with prison labor for not less than six months but not more than fifteen years;

2. Sentencing Criteria: Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) / Violence / Assault / Habitual, repeated crime and special assault (type 6): Reduction element: Reduction element of punishment [the area of recommendation and the sentence of recommendation]: Reduction range of punishment [the area of recommendation and the sentence of recommendation], April to one year and two months [the adjustment and concurrent disposition according to the applicable punishment under the law] are six months of imprisonment with prison labor, and the sentence of recommendation is limited to a concurrent crime with a crime for which the sentencing guidelines have not been set, and thus, the minimum limit of punishment shall apply.

3. Determination of sentence: Six months of imprisonment, one year of stay of execution, the fact that the accused is divided into his errors, the fact that there is only the previous conviction of the fine, the extent of damage is minor, and the age of the accused.

arrow