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(영문) 대구지방법원 김천지원 2016.03.23 2015재고단34
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eleven months.

Reasons

Punishment of the crime

1. On August 12, 2012, at around 11:40, the Defendant: (a) singing the victim C (at 44 years of age) who works in Esing room D and singing room; (b) sing the victim’s partner with his/her name unknown, and (c) sing the victim’s partner; (b) the victim refused to do so; (c) the victim’s refusal to do so; and (d) said, the victim’s her hand her her her her her her her her her her her her head with her her head, thereby causing the victim’s damage to her her her her her character, gambling, inspection, etc., which requires a medical treatment for about 21 days.

2. A special intimidation: (a) the Defendant broken the beer’s disease on a customer at the same date and at the same place as paragraph (1); (b) putting the beer’s left hand on the customer; and (c) expressed a shoulderer’s disease, which is a dangerous object, and expressed that he would be subject to the victim’s finger; and (d) threatened the beer’s disease, which is a dangerous object, toward the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Damage situations and photographs of victims;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 357 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 284 and 283 (1) of the Criminal Act (the point of special fisheries and the choice of imprisonment) concerning criminal facts;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) Basic crimes (Crimes of Special Intimidation) / [Types of Crimes] Special Intimidation of Habitual Offense (Scope of Recommendations) / Imprisonment with prison labor for 6 months to 1 year and 6 months (basic area);

(b) Second Crimes (Crime of Bodily Injury) / General Bodily Injury (the scope of punishment recommended / Imprisonment), from April to June (the basic field) of imprisonment;

(c) Scope of punishment recommended according to the standards for handling multiple crimes: Imprisonment with prison labor for up to six months up to two years; and

2. In light of the circumstances where the Defendant rendered a sentence of sentence and the Defendant did not have any effort to recover from damage, the Defendant erred.

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