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(영문) 대전지방법원 홍성지원 2014.08.20 2014고단300
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. Around 11:00 on March 28, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) expressed the victim C (the age of 49) and the victim’s desire while disputing issues related to daily labor wages in the excursion restaurant located in the Jeju-nam Budget-Eup of the budget-gun, Chungcheongnam-gun, on the grounds that the victim was humped., the Defendant took an attitude of 50cm, which is a deadly weapon (the length of 50cm) kept in the Defendant’s house and took the attitude of humping the victim.

2. Around 10:00 on March 29, 2014, the Defendant used assaulting the breath of the said victim on the ground of paragraph (1) at a bridge restaurant located in the Gannam-gun budget Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning the facts of crime, the point of choice of a deadly weapon and intimidation: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act: Article 260 (1) of the Criminal Act;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments of crimes in violation of the Punishment of Violences, etc. which are heavier than the punishment (a collective action, deadly weapons,

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Basic crimes: Determination of the types of crimes in violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) for a period of not less than 6 months and not more than 16 years (the scope of recommendations according to the sentencing guidelines): The basic area of punishment, concurrent crimes with imprisonment with prison labor for not less than 6 months but not more than 1 years and not more than 6 months for a period of not less than 6 months: Violence crime group, assault crime, and assault crime;

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