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(영문) 청주지방법원 2014.04.03 2013고단1996
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 December 7, 2013, at around 13:35, the Defendant was under the influence of the victim C (the 57-year-old) in the Chungcheongnam-gun Party B, and then threatened the victim with the phrase “I am under the influence of alcohol,” “I am under the influence of drinking, I am under the influence of drinking, and I am under the influence of bus stop. I am under the influence of the victim “I am under the influence of drinking, I am under the influence of drinking, I am under the influence of the bus stop. I am under the influence of the bus stop. I am under the influence of the victim, which is a dangerous object on water purifiers located in the said agricultural product store. I am under the influence of I am under the influence of I am under the influence of I am under the influence of the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on internal investigation (No. 5 No. 5 of the evidence 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 crime concerned, and Article 283 (1) of the Criminal Act;

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. The crime of this case was committed on the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “consceptive circumstances”) of the suspended sentence. The crime of this case was committed on the grounds that the defendant was rejected by demanding the victim who was the early face-to-faced, etc. to leave the vehicle, and thus, was committed a threat to the victim on the grounds that the batteries, which is a dangerous object, was exposed to the crime. The defendant did not receive a letter from the victim.

However, under the influence of alcohol, the Defendant appears to have committed the instant crime, and seriously reflects his fault, and there is no criminal conviction or criminal conviction in the same kind of punishment.

Accordingly, various sentencing conditions such as the above circumstances and Defendant’s age, character and conduct, academic background, career, occupation, property status, and family relation are taken into account. The scope of recommended sentence according to the sentencing guidelines for the instant crime is the violent crime group from 6 months to 1 year and 6 months.

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