logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 정읍지원 2013.10.29 2013고단462
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On the other hand, there was a conflict of opinion between the defendant and his own village development company and the victim C agreed with the tinsan development company.

1. On May 14, 2013, at around 20:30 on May 14, 2013, the Defendant stopped a brupt flag at the house of the victim C (the age of 86) (the Defendant suffered from the noise of tin powder) located in the Jeonbuk-gun, Jeonbuk-gun, and laid down approximately one hour and 30 minutes of the brupt-si (the Defendant suffered from the noise of tin powder), and made a brush (the length 64cm) which is a dangerous object, and made intimidation with the victim E (the age of 71).

2. Around 18:00 on May 15, 2013, the Defendant threatened the victims by putting a dog (total length of 83 cm), which is a dangerous object, into the shoulder, and putting them into the shoulder, saying, “I will die due to tinc acid, die two tincers, throw away tinc, and die, and then I will die our house.”

3. On May 16, 2013, at around 10:30 on May 16, 2013, the Defendant: (a) reported the above criminal facts to the police; (b) by taking the hack pipe (133 cm in length) which is a dangerous object by finding C as the place specified in paragraph (1) as his/her hand to his/her hand; and (c) threatening the victim E as “fincing off in any weather.”

Accordingly, the defendant had carried dangerous articles over three times and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Discretionary mitigation of the crimes under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2, 201).

arrow