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(영문) 춘천지방법원 2014.05.01 2014고단143
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 12:00 on January 18, 2014, the Defendant, within the E agency of the victim D (28 years of age) operated in Chuncheon City, on the ground that the Defendant did not resolve the Defendant’s credit difficulties in connection with the mobile phone contract, and did not open the mobile phone, used one piracy (80cm in total length) which is a dangerous object, and resisted against the victim, and applied the above piracy to the victim by hand and putting the piracy into his hand, and “I am off the piracy................., the Defendant returned to the victim’s cell phone in Chuncheon City (28 years of age).”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the existing Acts and subordinate statutes of one (No. 1) of seized crymar;

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. 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among 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 for forfeiture [Determination of Punishment] - Types 4 (Habitual, Cumulative, Special Intimidation) (Special Intimidation): Reduction element: [Determination of the recommended area] Reduction element] / [Scope of the recommendation area] 4-1 year [general / Reduction element] / Voluntary half [Scope of Punishment] : The applicable provisions of Acts: One year or more (whether or not to suspend the execution of punishment) - The main reason for sentencing (self-esteem): General reason for sentencing - there is no criminal conviction above the suspension of the execution of punishment (decision of sentence], and the defendant has agreed with the victim during three times from 2002 to 2012.

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