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(영문) 부산지방법원 2014.09.03 2014고단4350
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

On January 21, 2014, the Defendant, around 09:15, had the victim C (64 years of age) who operated a private taxi and the replacement of the car at the front of the citizen park located in the city park located in the Busan Jin-gu Busan Metropolitan City.

The defendant expressed the victim's desire to be a victim due to the difference between the defendant's car and the driver's car, and the victim sited in the driver's seat back to the taxi, and the defendant taken up the improvement, which is a dangerous object within the between the driver's car.

Then, the Defendant expressed the victim’s desire to “Chewing gushes, gushes,” and acted as if the victim were prush.

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

Summary of Evidence

1.Each legal statement of witness C and D

1. Application of the police protocol law to C

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) 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. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] Violence: The following should be taken into account: (a) there is no range of mitigation area (4 months to one year); (b) the accused denies the crime; (c) the victim does not want the punishment; (d) the victim does not want the punishment; (e) there is no criminal history exceeding the fine; and (e) the accused suffers from mental division diseases; and (e) the accused suffers from mental division diseases.

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