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(영문) 광주지방법원 2014.10.14 2014고단2907
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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 of the final judgment.

Reasons

Punishment of the crime

Defendant

A and B were those who worked at the construction site of a new apartment unit located in Y in the Geongdong-gun, Jeonnam-gun, implemented by C. A and around 13:30 on January 28, 2014, they were in dispute with the field manager E (E, 50 years of age) and wage settlement at the C container office located in the above D. B. B, one hand, which is a dangerous object in the above office line, 1.5 meters in width with the victim. The Defendant 2 down the above table on 1.5 meters in width with the victim. The Defendant 1 took two parts of each item (50cm in length) that is dangerous goods and taken out of the above table on 13:30 on 13:30 on 28.2014, and 200 on 13:0 on 10,000 on 13:50 on 14:0 on 10,000 on 200.

Accordingly, the defendant and B threatened the victim by carrying dangerous articles jointly.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Application of the investigation report (Evidence Nos 20, 22) and photographic 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, Article 30 of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Basic area (from June to June) of the category four (special intimidation) for the crimes of intimidation within the scope of recommendations;

2. Determination of sentence is a kind of order for a punishment to the defendant within the scope of the above recommendation, taking into account the following factors: (a) the defendant has been in conflict with the victim who tried not to pay wages and has been involved in the crime of this case resulting in a sudden and contingent violation; (b) the defendant reflects his own criminal conduct in depth; (c) the contents and form of intimidation; and (d) the defendant's previous conviction, and other various factors of sentencing

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