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(영문) 창원지방법원 진주지원 2015.10.29 2015고단872
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

At around 02:10 on March 24, 2015, Defendants were victims E, victims F (19 years of age) and visioned in the front of the victim E (19 years of age), and Defendant A threatened the victims with an Aluminal air-conditioning network, a dangerous object, and threatened the victims as they might be at the time of the above victims. Defendant A threatened the victims with a knife for camping (10cm in total length, about 20cm, about 10cm in knife length, about 10cm in knife), which is a dangerous object in Australia, by taking the knife in knife in knife of the container knife, attached the victim E to the container knife, sealed the victims, and threatened the victims with the above knife. Defendant B with the escape of the victims.

As a result, the Defendants conspired to carry dangerous objects and threatened the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of F and E;

1. Each statement of G and H;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Articles of the Criminal Act and the Defendants who choose to commit the crime: Articles 284, 283 (1), and 30 of the Criminal Act;

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

1. Defendants on probation: Grounds for sentencing under Article 62 (1) of the Criminal Act

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes and concurrent crimes: Where they are subject to mitigation (4 to 1 year), the area of mitigation (4 to 4-1 year), the area of punishment (including serious efforts to recover damage) or considerable damage has been restored to a certain part of the crimes of special intimidation (Scope of recommendations).

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than four months from one year to six months;

2. In light of the fact that the Defendants conspired to commit the instant crime, which is a dangerous object, threatened the victims by carrying an Aluminium camping room and camping blades, etc., and the nature of the crime is not good in light of the circumstances and means of the crime, etc., the Defendants’ liability for the crime is determined.

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