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(영문) 인천지방법원 2014.05.14 2013고단7185
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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. On September 7, 2013, around 06:30 on September 7, 2013, the Defendant entered the D convenience store located in Seo-gu Incheon, Seo-gu, Incheon, and asked the victim E (the 18-year-old age-18) (the 112-year-old age-old) to go to the F Hospital. However, the Defendant asked the F Hospital to go to the F Hospital. However, on the ground that the victim expressed his / her 12-year-old statement on the ground that he / she expressed her her her “Isson’s son’s son’s son’s son’s son’s son’s son’s son’s son’s knife

The ship shall tear tear.

“...”

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. On September 16, 2013, the Defendant: (a) entered H restaurant in Seo-gu Incheon Metropolitan City on September 16, 2013; and (b) laid off the facing of the “facing money” to the victim I (here, 40 years of age) who is the main owner of the H restaurant; (c) “I would ask the victim to drink money, but would be refused from the victim; and (d) I would like to collect facs, which is a dangerous object on the table.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E and I;

1. Seizure record and list;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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

1. Scope of recommended sentences in the sentencing criteria;

(a) Type 4 (Habitual Offense, Cumulative Offense, Special Intimidation) for each of the crimes referred to in paragraphs (1) and (2) has no basic area (six months to one year and six months) (special person);

(b) The scope of final sentence due to the aggravation of multiple offenses: From six months to two years.

2. Each of the crimes of this case, the sentence of which has been decided, is bad in light of the contents, methods, circumstances, etc.

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