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(영문) 대전지방법원 천안지원 2015.11.30 2015고단1642
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six 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 August 30, 2015, the Defendant: (a) around 14:53 on August 30, 2015, around D, the victim E (n, 56 years of age) was dissatisfied with selling Mellon and sublime by using Fpoter cargo vehicles; (b) the victim was able to use the Fpool and sell the Pellon and sublime; and (c) the victim was able to use the transition, which is a dangerous object located in the bridge between the instant bridge and the Chinese women governance, as the victim puts on the part above the part of the victim, and damaged the victim’s Mellon by putting the sublime on the floor.

In this respect, the defendant carried a dangerous article, threatened the victim, and damaged Mela and sublime.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of respective Acts and subordinate statutes of E, G and H;

1. Relevant legal provisions concerning the facts of crime, Articles 284, 283 (1) and 366 of the Criminal Act that choose the punishment, and imprisonment with prison labor, respectively;

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. Where reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture are as follows: Type 1 (Assaults) and Type 4 (Habitual, Cumulative, and Special Intimidations) [Special Mitigations] (4 to 1 year), the area of mitigation (including serious efforts to recover damage), the area of mitigation (1 to 6 months), the area of mitigation (1 to 1 months), the area of mitigation (1 to 6 months), the area of mitigation (including serious efforts to recover damage), or the area of mitigation (1 to 1 months), the area of mitigation (1 to 4 months) [including special mitigations] the area of mitigation (including serious efforts to recover damage), the scope of final sentence pursuant to the increase of multiple crimes * The scope of punishment pursuant to the increase of multiple crimes * Notwithstanding the past records of punishment for the same kind of crime on several occasions : April to March 13, 199; however, each sentence should be determined in consideration of the fact that the victims and victims have agreed to it smoothly, and each type of punishment is against each victim.

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