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(영문) 대전지방법원 홍성지원 2014.04.16 2014고단80
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six 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 17:00 on September 24, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) said that the victim F (the age of 46) in the E-car owned by the Defendant, who was parked in the D Ga Ga parking lot located in Chungcheongnam-gun, Chungcheongnamnam Budget-gun, would have a dispute with the Defendant about the knife that the victim F (the age of 46) talks with the Defendant and carried on his/her business, and that the knife (the knife: 28 cm in length, the day length: 15 cm in length) was an dangerous article while the knife’s knife’s chest part toward

2. The Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) destroyed the said vehicle by 98,268 won, such as cutting off the front of the H car managed by the victim five times by putting a stone, which is a dangerous object located on the floor of the said parking lot, at the same time and place as set forth in paragraph (1), when the victim opens a car door and moves out of the rooftop of the building.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by F in the suspect examination protocol of the prosecution;

1. The police statement concerning F;

1. Application of written estimate of general repair expenses, damage photographs, and relevant Acts and subordinate statutes;

1. The possession of dangerous articles and intimidation against a crime: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act: Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act;

1. Of concurrent crimes, the aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes as provided for in the Punishment of Violences, etc. which is heavier than the offender];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act are the applicable sentences in law.

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