(영문) 인천지방법원 부천지원 2014.10.08 2014고단2142

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2014.10.08 2014고단2142

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 August 22, 2014, at around 20:55, the Defendant threatened the victim with the victim E (the age of 63) and snow that he was sittinged to a simple person, and thereby threatening the victim to “D”, who was in possession of a deadly weapon (the total length of 23 cm, 12 cm in the daily length) on the ground that he was bad from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Seized blades;

1. Application of Acts and subordinate statutes to investigation reports (victim's statement, etc.);

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 (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Sentencing for sentencing under Article 48(1)1 of the Criminal Act is not good in light of the form and risk of the instant crime. However, in 1980, the Defendant did not have any record of being punished for the same kind of crime except for the criminal punishment of a fine for the same kind of crime, and the Defendant did not have any record of being punished for the same crime, and the Defendant appears to have committed the instant crime by drinking exclusively, and the Defendant appears to have committed the instant crime by drinking, and all other circumstances, including the Defendant’s age, character and conduct and environment, the developments and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., as indicated in the Disposition above.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

-의정부지방법원 고양지원 2015.06.18 2014고단2602

-제주지방법원 2016.09.08 2016고정452

-수원지방법원 안양지원 2013.10.29 2013고단1104

-대구지방법원 2015.11.19 2015고단3816

-인천지방법원 부천지원 2014.08.20 2014고단1320