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(영문) 청주지방법원 2015.09.21 2015고단615
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 18, 2015, at around 00:10, the Defendant damaged the property by drinking 2 of the victim C’s apartment complex located in Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, by drinking 2 of visiting the victim’s horse dispute with the victim, and then making it difficult for the victim to bring about the dispute with the victim, and by drinking 60,000 won of the market price.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the time and place specified in paragraph (1) above, and in the same manner as specified in paragraph (1) above, threatened the victim by taking advantage of the victim’s damage to an article owned by C (n.e., 27 years of age) and threatening the victim, who was at least 23 cm with the dangerous article located in the Washington (the total length of 23 cm) on the part of the victim on the ground that the victim was sc

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs photographing excessive photographs and damaged articles;

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for a crime, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (a crime of intimidation to carry dangerous articles);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes above two crimes]

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. The reason for sentencing [decision of a sentence] under Article 62(1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”), the reason for sentencing of violent crime group, Type 4 (Special Intimidation for Habitual Intimidation) of intimidation [decision of the recommended area] mitigated area (decision of the recommended area] [the scope of sentence] mitigated area (decision of a recommendation area] [the reason for sentencing] from 6 months to 1 year (the lower limit of the statutory applicable sentencing), the reason for and content of the crime, and the risk of attempted crimes.

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