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(영문) 수원지방법원 2014.11.26 2014고단5583
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 08:00 on July 11, 2014, the Defendant: (a) inflicted injury on the victim’s hand at C office located in Boan-si B; (b) on the ground that the victim D (the victim 40 years of age) did not comply with his/her business instruction, he/she saw the victim’s hand at the entrance of the B office, resulting in an injury on the part of the victim, such as a balance of 1 balance that requires approximately two weeks of medical treatment; and (c) the inspection of water account books, and an injury on the part of the victim.

2. The Defendant, in violation of the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) threatened the victim by stating that “The victim is knee kneel kneel knee, knee knek, imprisonment with prison labor, age, and no fel kne kne kne kne kne kne kne,” while intending to get the victim a dangerous object, as the victim did not inflict such an injury at the time and place specified in paragraph (1).”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months from June 18;

2. Scope of the recommended sentencing criteria; and

(a) Basic crime: Violation of the Punishment of Violences, etc. Act (determination of a type), violence crime group-special intimidation [the scope of a recommendation field and the scope of a recommendation form] mitigated area (six months of imprisonment (revision by the lower limit of a punishment by law) or one year] mitigated area: A person not subject to punishment;

(b) Concurrent crimes: Injury (determination of type) group;

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