logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2014.09.26 2014고단452
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 21, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective intimidation) provided that a male-child group of the victim E (V), who is an employee, borrowed money from the Defendant on the ground that he/she had not repaid the money from the Defendant, and that he/she did not repay the money, the Defendant expressed the victim’s desire to do so, and during his/her trial, the Defendant threatened the victim by putting the head of the victim’s hair and putting him/her away with a knife, which was a deadly weapon at the location of the Defendant.

2. The Defendant interfered with the business of the victim’s main business by force over about 45 minutes, such as: (a) the victim F’s “Dju shop” operated by the victim F at a time and time, and (b) the expression “Is anywhere Is, Is, Is, Is, Is, Is, Is, Is, Is, Is,” and “Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is.

3. 모욕 피고인은 위 제1항과 같은 일시, 장소에서 위 F의 신고를 받고 출동한 피해자인 여수경찰서 소속 경사 G의 제지를 받게 되자, 위 F 및 주점 종업원, 손님 10여명이 보는 앞에서 “내가 잘못했으면 체포해, 내가 뭘 잘못했어, 야이 새끼야”라고 공연히 큰 소리로 말하여 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G, F, E, and H;

1. Each report on investigation;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Article 314 (1) of the Criminal Act; Article 311 of the Criminal Act concerning a crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62(1) of the Criminal Act (the same conditions as the above) provides for the suspension of execution.

arrow