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(영문) 인천지방법원 2015.05.13 2014고단7671
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around October 11, 2014, at around 39, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.), the Defendant threatened the victims by stating, “A deadly weapons, 27 years of age), victim E (n.e., 26 years of age), victim F (n., 26 years of age), and 36 years of age, all of which were reported by the Defendant’s children inside the management room of the Yeonsu-gu Incheon Yeonsu-gu C apartment 2nd floor “D,” which was reported by the Defendant’s children inside the front female toilet at the management room of Yeonsu-gu Incheon, Yeonsu-gu, Incheon. In order to comply with the fact that the Defendant’s children reported the shooting of the front female toilet.”

2. 폭행 피고인은 제1항 기재 일시경 위 가게 복도에서 피해자 E로부터 자신이 신고했다는 말을 듣자, 피해자에게 “너 죽고 나 죽자, 왜 멀쩡한 아들 병신 만들어 놓는거야”라고 말하면서 발로 피해자의 무릎 부위를 3~4회 걷어차 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the photographic Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The possession of intimidation by carrying a deadly weapon: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act;

(b) A point of assault: Article 260 (1) of the Criminal Act;

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 the punishment prescribed for the violation of the Punishment of Violences, etc. which is heavier than the punishment);

1. Although the nature of the instant crime is not good for the reason that the Defendant reported the Defendant’s awareness of the reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below), it appears that the Defendant appears to recognize and reflect the crime, the primary offender is not much serious, the victim’s damage level is not excessive, and the sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character, conduct and environment.

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