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(영문) 전주지방법원 남원지원 2015.02.10 2014고단300
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

1. At around 14:00 on October 24, 2014, the Defendant: (a) held in possession of excess (11cm length) which is a dangerous object (11cm) for the reason that the victim C does not engage in personnel affairs of the Defendant, who is the extensionerer than the victim; and (b) found the victim’s house located in B in the Jeonbuk-gun, Jeonbuk-gun; and (c) taken the victim’s house in front of the victim’s house, the Defendant used the above excessive excess as follows.

2. At around 14:00 on November 9, 2014, the Defendant: (a) held a kitchen (18ccin length) which is a dangerous thing that the victim C did not inform the Defendant of the schedule; (b) found the kitchen (18cc in the body of the said victim as the victim’s house; and (c) sought the victim’s house “I am out of this dog. I am out of it. I am out of it; (d) I am out of the body of the victim; and (e) made a threat to the victim as I am in the body of the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of C, E, F, and G;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes in violation of the Punishment of Violences, etc. Act (determination of types), violent crimes, intimidation crimes, and Type 4 (Special Convicts): Reduction element: Imprisonment with prison labor for not more than four months but less than one year;

(b) Four to one year and six months of imprisonment with prison labor for standards for handling majority crimes;

2. The crime of this case in which the sentence of sentence was rendered is a threat to the victim in a knife, which is a dangerous object, and the nature of the crime is bad, but the defendant is against his wrong, and is the first offender, and the victim.

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