logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.10.31 2012고단7714
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

On May 5, 2012, around 19:30 on May 19, 2012, the Defendant, at the “E” restaurant operated by the victim D (Inn, 53 years of age) located in Nam-gu Incheon Metropolitan City, sent F and alcohol, and led the Defendant to mislead the Defendant to have a mountain-use kitchen, which includes working clothes, installed in the said restaurant, and caused the victim to set a bank.

Therefore, the Defendant, who did not have the victim, was threatened with jacknaf, which was a deadly weapon in his own land, and threatened the victim with kacknaf (the knife length of 8cc, the total length of 16cc).

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing seized articles;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, 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. As the confiscation of Article 48(1) of the Criminal Code leads to intimidation on the grounds of sentencing by jackna, which is a deadly weapon, the crime is inevitable to be sentenced to imprisonment due to the gross negligence.

The execution shall be suspended in consideration of the fact that there is no criminal record of the same kind, but the probation and the community service order shall be attached, and the punishment shall be determined as the order, considering the fact that it is not agreed with the victim.

arrow