logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2013.04.24 2013고단372
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 February 18, 2013, around 03:20 on February 18, 2013, the Defendant was suffering from the victim B (the 52-year-old cab) in the upper bridge near the mountain basin of Eunpyeong-gu Seoul Metropolitan Government, and was under the influence of alcohol, breathed the victim’s desire to do so, and the victim reported damage to the D Zone in Eunpyeong-gu.

At around 03:50 on February 18, 2013, the Defendant: (a) had the victim enter the office of “F” located in Gyeyang-gu E, Seoyang-gu, Seoyang-gu; (b) had the victim take a bath to “I am, am, am, why you reported to the earth, why you reported to the earth, and whether I am am false to the width?” On the hand floor of the victim, the Defendant assaulted the victim at seven times on the back of the head of the victim, and continuously threatened the victim’s knife, which is a dangerous weapon in the office of “F” (the total length of 32 cm, 20 cm length of knife, 20.5 cm).

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B and the written statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

1. Article 48 (1) 1 of the Confiscation Criminal Code (the reason for the punishment of this case) of the Criminal Code does not correspond to the contents of the crime of this case, but the victim was not the victim, the defendant was not punished, and all other sentencing conditions against the defendant are taken into account, the following sentence shall be imposed against the defendant:

arrow