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(영문) 의정부지방법원 2015.11.12 2015고합251
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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. Around 02:10 on June 24, 2015, the Defendant: (a) was under the influence of alcohol with “D” offices operated by the Defendant in Scheon-si; (b) ELPG gas supply (20km) and released gas to the Defendant, which are dangerous articles located outside a warehouse outside the above office, while the Defendant was under the influence of alcohol with “D” offices operated by the Defendant in Scheon-si; and (c) ELPG gas supply (20km).

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

2. The Defendant released gas from the date, place, etc. described in paragraph 1, as above, thereby causing danger to the life, body, or property of the said victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112. List of reported cases;

1. Investigation report (as to the on-site situation)

1. Application of Acts and subordinate statutes on the D site and surrounding photographs;

1. Relevant Article of the Criminal Act and Articles 284, 283 (1) (the occupation of special intimidation and the choice of imprisonment), and Article 172-2 (1) (the point of gas emission) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the crime of gas emissions heavier than punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences: Imprisonment for not less than six months to not more than seven years;

2. Application of the sentencing guidelines [the range of recommending punishment] violent crime Type 4 (Habitual, Cumulative, Special Intimidation) [the scope of sentence according to the sentencing guidelines] [the scope of sentence according to the sentencing guidelines] and imprisonment for not less than 4 months (the minimum limit of the above recommended punishment shall apply only because the sentencing guidelines are concurrent with the crime of gas emissions for which no sentencing guidelines have been set) [the scope of revised recommended punishment].

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