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(영문) 서울북부지방법원 2015.09.09 2015고단2238
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 14:20 on May 21, 2015, the Defendant stated that “A victim D (n, 72 years of age) and E Child Care Center in Jung-gu Seoul Metropolitan Government, which have a dispute over ownership, are in accordance with the above D and the victim F (n, 56 years of age) in the garden,” and that “A dangerous object under custody in the warehouse (20cm in length) shall be considered as one side (20cm in length) and the victim’s face shall be displayed to the victims.”

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F and D;

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 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The scope of sentence compared with the sentencing range of the basic area of the crimes of intimidation (Habitual, Cumulative, Special Intimidation) and the recommended type: one year to one year and one year and six months [Pronouncement Decision] in the case where there is a dispute over the ownership of land and trees, it shall be resolved by civil litigation, despite the fact that there is a concern about the ownership of land and trees, it is bad that the crime has been committed against the victims, and that there is no agreement with the victims, and that the victims did not reach an agreement with the victims.

However, the punishment as ordered shall be determined by taking into account the following factors: the defendant's mistake when committing the crime of this case was committed; the defendant has been divided into several times before and after a minor fine; the defendant does not have any other three times; the defendant's age, character and conduct and environment; the motive, means and consequence of the crime; and the circumstances after the crime were committed.

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