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(영문) 인천지방법원 2015.06.17 2015고단1869
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

On March 20, 2015, around 06:20 on March 20, 2015, the Defendant threatened the victim C (the 62-year-old) by carrying out an examination with the Defendant and making a false report to his superior. In advance, the Defendant threatened the victim (the 24cm in length, 13cm in length) of the dangerous object (the 13cm in length), which is a dangerous object between preparation and preparation.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of seizure records and photographs statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 283 (1) 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. The basic area (six months to one year and six months) (special mitigation) of the sentencing criteria (the scope of recommending a person) for the crime of intimidation;

2. Determination of sentence: The sentence shall be determined like the order, taking into consideration all the factors of sentencing indicated in the record, such as the defendant's age, occupation, character and conduct, family relationship and circumstances before and after the crime, which are eight months of imprisonment, the stay of execution of two years, the fact that the defendant's mistake is recognized and reflected in his mistake, the minor one time of a fine,

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