logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.10.11 2013고단2108
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. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) brought about the problem of drinking the father and the mental health and treatment medicine at the defendant's house located in Seongbuk-gu, Seongbuk-gu, Changwon-si. The defendant brought about the transition (20.5 cm in total length, 10 cm in length in knife) which is a deadly weapon in his/her hand and out of his/her hand.

The Defendant, who was disputing the Defendant’s horse, went to the “F party room” operated by the Victim E (F party room, 38 years old) in Sungwon-si, Changwon-si, by driving away from the victim who was 15 years old (the 15 years old) and snow, who was moving to the victim E (the 38 years old).

At around 15:30 on May 6, 2013, the Defendant threatened the victim E and the victim C with the “F Party Funeral” stating that “I will throw away the death. I will throw away the death.”

2. The Defendant causing property damage: (a) at the same time and place as the preceding paragraph, the victim E said at the time and place that the victim E said, “A knife and knife at the place of business,” and (b) caused damage to the victim’s possession of 129,00 won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Seizure records;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 283 (1) of the Criminal Act (the point of intimidation carrying a deadly weapon), and Article 366 of the Criminal Act (the point of causing damage to property, the point of causing damage, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing of Article 48(1) of the Criminal Act include deadly weapons of victims of female or minor victims, without obvious reasons.

arrow