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(영문) 대전지방법원 천안지원 2015.06.11 2014고단1139
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (the age of 48) are the same workplace rent, and the defendant and the victim did not have good conditions between them.

At around 17:40 on May 1, 2014, the Defendant threatened the victim by taking the victim, F, and alcohol into the “Eju” room located in Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-si, and by taking the influence of alcohol, and by taking a dangerous object in ordinary possession without any particular reason, he saw the victim as having her knife the knife and her knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Statement in F’s writing;

1. Application of statutes on images of field photographs;

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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances among the reasons for sentencing)

1. The scope of punishment by law: Imprisonment for not less than six months but not more than fifteen years;

2. Scope of recommendations according to the sentencing guidelines (decision of types of punishment), types 4 (Special Intimidation) (Special Intimidation) from among violent crimes, and intimidations (the scope of recommendations) and not to impose punishment (the minimum limit of punishment by law) for not less than six months but not more than one year (the minimum limit of punishment by law);

3. Determination of sentence: the defendant, for six months of suspended sentence, was sentenced to imprisonment with prison labor for a crime of intimidationing the victim using a knife knife, which is a deadly weapon; the victim was faced with fingers in the process of knifeing the knife; on the other hand, the victim did not want the criminal punishment from the date of occurrence of the case; there was no record of criminal punishment exceeding a fine; the defendant was recognized as a criminal act; and the defendant's age, character, conduct and environment and other various sentencing conditions specified in the arguments of the case are considered.

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