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(영문) 광주지방법원 목포지원 2016.02.12 2013고단1887
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

A seized one shall be confiscated.

Reasons

Punishment of the crime

On October 19, 2013, the Defendant: (a) around 01:35, at Dhop house located front of the C convenience store located in Nowon-gu in Seoul Special Metropolitan City, and (b) at Dhop house, while drinking alcohol, the Defendant saw the victim E (the 31 year old and the 31 year old and the 31 year old and the 30-year old and the 31 year old and the 30-year old and the 31 year old and the 30-year old and the 30-year old and the 1st to death

At the same time, the above rank was threatened with the victim, thereby threatening the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear the statements of on-site chief executive officer and witness), a criminal investigation report (to receive a detailed statement of processing the case reported in 112 by facsimile), and a criminal investigation report (to hear the statements of on-line F);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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

1. Determination of types of crimes: Four types of intimidation (special intimidation for habitual repeated crimes);

2. Determination of the scope of sentence: Basic area, six months to one year and six months (no person who is subject to special sentencing):

3. The crime of this case, which is a dangerous object purchased by the Defendant at a nearby convenience store, is a matter of threatening the victim to drive away from a nearby convenience store, and the nature of the crime is not less and less than that of the victim, and the defendant seems not to have been agreed with the victim until now. The defendant, who was summoned by telephone from this court, does not appear in the court, shall be sentenced to imprisonment with prison labor. In light of the above, the defendant shall be sentenced to imprisonment

However, taking account of the fact that the victim was not injured severely, the fact that the defendant has no record of criminal punishment heavier than the previous fine, and other various sentencing conditions such as the defendant's age, sex, environment, circumstances, circumstances after the crime, etc., the punishment against the defendant shall be determined as ordered.

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