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(영문) 대구지방법원 2014.11.28 2014고단4132
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant is a person who collects solid water.

1. On August 5, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) committed intimidation to the victim by the following purport: (a) around 21:00, the Defendant informed the victim of money, on the alley C front of the Gyeonglung-gun, Chungcheongnam-gun, the Defendant, on the ground that he was aware of money in spite of the existence of money to be received from the victim D (the age of 60).

2. The Defendant damaged property at the time and place indicated in the preceding paragraph, and at the same time and place, as the victim was stimuled, destroyed the property of the victim’s influence by extracting three-year-old trees from the victim’s chemical group.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of intimidation to carry dangerous things), Article 36 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The following circumstances are considered in light of the following circumstances: (a) the subject of aggravation of sentence under Article 62(1) of the Criminal Act (type 4 (type 4, repeated crime, special intimidation) (type 8 to 2) (type 8 to 2) was committed by group or by multiple force, or committed by carrying a deadly weapon or other dangerous articles (except where special intimidation is applied); (b) the offender was carried with dangerous articles; (c) the victim did not have any suspicion; and (d) the Defendant did not have any history of crime exceeding a fine; (c) the Defendant did not have any history of crime exceeding a fine; (d) the Defendant’s age, character and conduct, environment, motive or background, means

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