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(영문) 제주지방법원 2015.10.07 2015고단638
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has no certain occupation and has been judged as a class 4 of long-term care benefits due to dementia symptoms.

1. At around 16:00 on March 14, 2015, the Defendant found the victim D (Woo, 68 years of age) located in Seopopopo City C, and rhym with Dong Ne residents, and threatened the victim with the victim, without any justifiable reason, with the victim’s desire to “I Ga Ga Ga Ga Ga Ga Ga. I will die. I will do so. Both years of age.” On the other hand, the victim’s stick carrying the victim’s desire to “I am Ga Ga Ga Ga Ga................................, the victim, without any reason, she sawd the victim’s body by using a stick, which is a dangerous object in front of the victim’s left part of the victim’s warehouse, and expressed the victim’s attitude that

2. The Defendant: (a) thief, at the same time and place as set forth in paragraph (1), carried a thief victim, who was frighted, out of his house, carried a house, and stolen the 3,200 won of the market price of the victim’s possession on the table (1.8 liter) with one disease at the same time and at the same time and place; and (b) thief.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement of D and E;

1. Investigation report ( evidential documents of criminal behavior tools and judgment of class IV of medical care benefits);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 284 of the Criminal Act and Article 329 of the Criminal Act; Selection of imprisonment with prison labor;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition by the reason of Article 62 (1) of the Criminal Act or more;

The circumstances that are favorable to the reasons for sentencing are relatively minor: the damage is relatively minor, the fact that the accident and the operation of the accident are very inconvenient due to dementia, and there is no record of violence.

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