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(영문) 창원지방법원 진주지원 2015.09.01 2015고단406
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person working for a third person in Sacheon-si’s “D Public History” in Sacheon-si, and the victim E (years 71) is the head of the management office.

Although the Defendant demanded the victim to return the deposit and premium to the victim when he/she intends to retire from his/her will due to the absence of a customer, the victim did not comply with the request and did not neglect his/her reputation.

At around 14:35 on May 4, 2015, the Defendant demanded the victim E to return the deposit and key money in the management office of the “DPublic Mana” located in Scheon-si, Sacheon-si, but, on the ground that the victim neglected it, the Defendant saw the victim as his hand a dangerous object (15cm in length on a day, 11cm in knife) which was under custody of the victim, and called as “the victim’s knife in this knife”, and replaced the victim’s next knife with a knife.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on dispatch to the scene of a violent incident, investigation report (on-site, etc.), and seized articles and photographs;

1. Application of the existing Acts and subordinate statutes of one of the above-mentioned provisional seizures (No. 1);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and six months) of the crime of intimidation (Habitual, repeated, and special intimidation) (the scope of the recommended sentence];

2. In light of the fact that the crime of this case, which was determined to be sentenced, is a threat to the victim by carrying a weapon, which is a dangerous object of the defendant, the form of such act is dangerous, and that no agreement has been reached with the victim, the defendant's liability for the crime of this case shall not be mitigated;

However, the defendant is against the defendant when committing the crime of this case.

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