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(영문) 청주지방법원 충주지원 2014.09.26 2014고단374
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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A defendant shall be punished by imprisonment for not less than eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement to C, D, and E;

1. On-site photographs of the F convenience points, and on-site photographs of G convenience points;

1. Application of the Acts and subordinate statutes to a criminal investigation report (a written estimate attached to a victim's written estimate), investigation report (a written estimate attached to the victim's BGF test);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act regarding the crime concerned, Article 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act (the point of causing damage to carry dangerous articles), Article 36 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor for the crime of causing property damage in the option of punishment;

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

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

1. Circumstances unfavorable to the reasons for sentencing (the application for compensation in this case is unlawful as it was filed after the closing of argument) under Articles 32(1)1 and 26(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for the Dismissal of Application for Compensation: In light of the fact that the defendant habitually damages the property of another person; the defective nature of the crime in light of the criminal implements, the method of the crime; the restoration of damage or the victim’s failure to reach an agreement with the victims; the circumstances favorable: the defendant’s crime was committed; there is no history of the same kind of crime exceeding the fine; the health problem of the defendant seems to have affected the crime; and other circumstances that are the conditions for sentencing as shown in the records, such as the defendant’s age

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