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(영문) 대전지방법원 천안지원 2015.07.09 2015고단611
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2014, the Defendant retired from work for about one year and five months at Asan-si taxi company located in Asan-si B, and the Defendant heard that D’s representative of the said taxi company would have talk about the Defendant on the ground that he would file a complaint against the Defendant on the ground that he did not repay his debt, and that he did not talk about the Defendant on the ground that he did not pay his debt.

On January 13, 2015, at Asan City, the Defendant 16:44, 16:44, and 16:44, the Defendant saw the knick purchased from nearby Schlage, and knicked the knick (10cm in length, 34cm in total length) that is a dangerous object to the victim’s face, on which the Defendant reported his duties.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police in relation to D;

1. On the spot and pictures of seized articles;

1. Application of the existing Acts and subordinate statutes to one confiscated grandchild (No. 1);

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

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than 30 years;

2. Scope of recommendations according to the sentencing guidelines (decision of types of punishment), range of recommendations (decision of types of punishment), violent crimes, and intimidation that have no type 4 (Special Intimidation) (the scope of recommendations) [the scope of recommendations] from one year to one year, and not more than six months (the scope of basic area is in conflict with the scope of applicable sentences in law, and therefore the lower limit of applicable sentences in law shall govern);

3. Determination of sentence: Imprisonment with prison labor for a year, three years of probation, 120-hour community service criminal defendant purchased grandchildren, which are dangerous things, and then the victim was threatened by finding them, the nature of the crime is inferior and it is not agreed with the victim.

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