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(영문) 대전지방법원 논산지원 2014.05.27 2014고단14
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

At around December 21, 2013, the Defendant: (a) around 21:20 on December 16, 2013, in the absence of the ability to discern things or make decisions due to stimulative disorder, existing mental symptoms, the Defendant: (b) threatened the victim D (Nam, 78) who was the apartment security guard of the above apartment in front of the C apartment guard in order to prevent the Defendant from driving his car in front of the apartment garbage site; and (c) asked the Defendant to move the car, which he was in possession of the car in Australia (12.5m a day length of each knife) to move the car; and (d) threatened the victim D with the excessive amount of 12.5m in each hand, which was in possession of the victim D’s face; and (d) threatened the victim D with “I am frightia and knife, knife, knife,” and (e) threatened with the victim E.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Protocol of seizure and each description or image of each photograph;

1. Application of each of the Acts and subordinate statutes described in the investigation report and diagnosis report;

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. Articles 10 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for six months to twenty-two years;

2. Sentencing criteria:

(a) Violation of the Punishment of Violences, etc. Act (decision of a type), each violent crime group, and Type 4 (Special Intimidation) of Intimidation : Imprisonment with prison labor for 2 months to 1 year, each special mitigation area: mental and physical disability, and non-conformity with punishment.

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