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(영문) 대전지방법원 홍성지원 2014.01.21 2013고단854
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, as a ship of Chinese nationality, entered Korea on August 12, 2013, entered Korea for employment, and thereafter, from October 7, 2013 to October 7, 2013, from the victim D (V, 50 years of age) and the victim E (ma, 28 years of age, and D’s children) were to manage cattle, farm, etc. in the F Farming Corporation operated by the victim E (ma, 28 years of age, and D’s children).

around 15:05 on October 10, 2013, the Defendant listened to the phrase that the Defendant was living in the foregoing legal entity that the said legal entity would be unable to drink from the said D, and that the Defendant would continue to work properly, the Defendant threatened the victims with a knife (32 cm in total length, 17 cm in knife length), which is a dangerous object on the sciff at the sciff at the sciff at the sciff at the sciff at the sciff at the sciff at the sciff at the sciff at the siff at the above sciff, and threatened the victims with a knife and a knife by taking the knife out of the above siff at the sciff.

In addition, the defendant returned to the tools located in the above accommodation, and knife (30 cm, 14 cm per knife) which are dangerous things at the above accommodation, and the other hand knife, after giving the above knife, knife, knife the victims, knife them with the above knife and the knife, and knife the knife of the knife, the knife, the knife, the knife, the knife, the knife, and the knife.

Accordingly, the defendant carried dangerous objects and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. On-site photographs and criminal tools photographs;

1. Application of Acts and subordinate statutes to each investigation report (to hear and report the victim's E phone statement, and to hear and report the victim's telephone statement about D);

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 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. The sentencing criteria (the determination of types).

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