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(영문) 전주지방법원 2013.11.07 2013고단2097
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

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

except that 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

1. On August 15, 2013, at around 21:26, the Defendant suffered an injury to the victim for the number of days of treatment because the victim D (here, 46 years of age) disregards the Defendant on the river located in front of the Jeonju-gun, the Defendant, as he or she was in a way of walking about 10 times the victim’s chest and the part of the clothes of the victim, and the victim’s hair and face were 6 times the victim’s hair and face were taken six times due to both drinking.

2. The Defendant in violation of the Punishment of Violence, etc. Act (collectively weapons, etc.) and at the time and place set forth in paragraph (1) of this Article: (a) took one hack pipe (272 cm in length, 2.5 cm in diameter, 2.5 cm in diameter) which is a dangerous object that the victim of the assault, as mentioned above, tried to go out of the river; and (b) threatened the victim by stating that “the victim would die.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

3. The Defendant: (a) discovered the victim’s room to find a knife while killing the victim at a residential container located at the time and place specified in paragraph (1); (b) found the victim’s room to contain KRW 570,000 in cash at the bank owned by the victim; and (c) stolen the victim’s room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of seizure records and list statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 257 (1) of the Criminal Act that prescribes the punishment, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 329 of the Criminal Act that prescribes the punishment of a deadly weapon, Article 329 of the Criminal Act;

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 summing up the long-term punishments in each of the crimes above);

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

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

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