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(영문) 제주지방법원 2015.09.21 2015고단1113
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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

1. On August 9, 2015, the Defendant: (a) expressed that, around 01:25, the victim D (the age of 51) in Jeju-si, the victim D (the age of 51) paid the amount of KRW 400,00 at the victim F (the age of 41) around August 6, 2015, the Defendant denied the victims’ receipt of money; (b) made it a knife with the deadly weapon prepared in advance (the total length of 30cm, the knife length of 19cc; and the knife length of 19cc) and expressed the victim’s desire to “I will die if I would die.”

2. The Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) at the time, place, etc. stated in paragraph (1) of this Article, and when the victims threatened the victims with the above food knife, which is a deadly weapon for the foregoing reasons, the Defendant laid off the cell phone with the above food knife on the ground that the glife of the victim F, who was on the table knife, was sliffed, and damaged the cell phone amounting to KRW 80

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Records of seizure and the list of seizure;

1. Written estimate;

1. Application of on-site photographs and cell phone photographs damaged Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 283 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. A crime committed with a deadly weapon for sentencing under Article 48(1)1 of the Criminal Act is not good, but the defendant is not guilty.

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