logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2014.05.02 2013고단1649
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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

On November 18, 2013, the Defendant: (a) around 23:16, at Jeju-si, was punished for Si expenses due to the Victim C (the 52 years of age) and the taxi rate of the taxi driver who was on the front of the house of the Defendant, and (b) as the knife, which is dangerous goods after entering the house, had a knife (the 15cm length), and threatened the victim; (c) the knife means that the victim “eropo, death, and flife,” and the knife the victim “the knife knife knife knife knife knife knife knif.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure, and investigation reports (related to the restoration of taxi boom cards);

1. Relevant Article of the Punishment of Violences, etc. Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Community service order: Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Confiscation: The sentencing guidelines for sentencing under Article 48(1)1 of the Criminal Act shall be imposed as ordered by the court, taking into account all the following circumstances: The details of the crime, intimidation, type 4 (Special Intimidation), the basic area of imprisonment, June-1 and June) and the following circumstances. The favorable circumstances: (a) there was no previous conviction due to violent crimes, and there was no record of criminal punishment since 2005; (b) there was no record of criminal punishment due to violent crimes; and (c) there was no unfavorable circumstance that would result in excessive difficulty to the family members when the defendant is detained; and (d) other circumstances that would result in excessive difficulty to the family members: (a) the circumstances leading up to the crime; (b) the circumstances after the crime; (c) the defendant's occupation; (d) the family relationship; and (e) the previous criminal records. It is so decided as per Disposition.

arrow