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(영문) 전주지방법원 2015.05.29 2015고단364
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

The defendant is a person who operates C static points.

At around 09:40 on November 11, 2014, the Defendant shown that the Defendant used a saw (32.7 cm in length, 36 cm in length, 8.7 cm in length, 6.7 cm in length) and a saw that the Defendant’s saw that the Defendant’s vehicle obstructed passage as the Defendant’s vehicle and obstructed passage, and that the Victim F (44 years of age) brought about a dispute with the victim, while taking a bath theory, the Defendant took a saw (49 cm in length, 36 cm in length, 19 cm in length) and a saw (6.7 cm in length, 19 cm in one hand) to the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of statutes on site photographs and photographs of dangerous objects;

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 283(1) of the Criminal Act concerning criminal facts

2. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused in the following sentencing grounds):

3. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”), which is favorable to the defendant, shall be the same.

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. Reduction elements (including serious efforts to recover damage) of types 4 (Habitual, Cumulative, and Intimidation) (Special Intimidation): Reduction elements according to the sentencing guidelines: Imprisonment with prison labor for 4 months or 1 year (general person with prison labor) from the mitigated area (the scope of recommending a range of recommending a range of punishment), where considerable damage has been restored (including efforts to recover damage).

3. Determination of sentence: in six months of imprisonment, the lower limit of the applicable sentences under the law for one year of suspended sentence is higher than the lower limit of the recommended sentence, and thus, in law.

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