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(영문) 대구지방법원 포항지원 2014.11.27 2014고단960
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Justice] On October 14, 2009, the Defendant was sentenced to three years by the Suwon District Court for committing murder, and was released on February 29, 2012 and the parole period expired on July 11, 2012 while serving in the port prison.

【Criminal Facts】

At around 05:30 on July 21, 2014, the Defendant: (a) demanded C to walk the phone to C before the south-gu of Mapo-gu on July 21, 2014; (b) and (c) threatened C with a deadly weapon transition, which was previously held by C, due to the Defendant’s friendly victim E, who received a telephone instead of the phone, with the Defendant’s desire to talk to the Defendant; and (d) threatened C with E with a deadly weapon transition, which was previously held by C, as it threatens “I am again hhere that was called as a telephone prior to this Dapo-gu, I am.”

Accordingly, the defendant threatened victims by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Investigation report (to hear victim E-mail statements);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of repeated crime records and date of release, etc.);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. The scope of punishment by law: Imprisonment for not less than six months and not more than 25 years;

2. Scope of recommendations for the sentencing criteria - The range of recommendations for the crimes of violence (a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), intimidation, the area of mitigation of types 4 (Special Intimidation), April - 1 year - April 4 months of imprisonment with prison labor for the application of the standards for handling multiple crimes (a period of one year and six months).

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