(영문) 대구지방법원 2015.12.17 2015고단4290

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자간(%)

(영문) 대구지방법원 2015.12.17 2015고단4290

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, 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 July 15, 2015, at around 22:55, the Defendant took a DNA taxi operated by the victim C (the age of 47) (the defendant) who is a taxi engineer from the Busan Agricultural Cooperative in Busan Metropolitan City to the house of the defendant located in Busan Metropolitan City (the age of 47). After the victim demanded KRW 17,00, the Defendant entered the house to demand that the defendant pay KRW 17,00,00, the Defendant 17,000, and 32 cm in total length (the blade length is 20.5 cm, the total length is 32 cm) which is a dangerous thing in the room, and got the victim to the math.

Accordingly, the defendant threatened the victim by using a kitchen, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] There is no person who has a basic area (6 to one year and six months) of the crimes of intimidation [decision of sentence] [decision of sentence] The defendant has a high risk of threatening the defendant by taking the kitchen knife of the victim: Provided, That there was no additional damage; there was no additional damage; the defendant is divided and reflected against the defendant; the defendant has no power of punishment in addition to twice of a fine; and other circumstances such as the motive, circumstance, means and method of the crime of this case; the circumstances before and after the crime; the defendant's age, character and conduct, career, environment, etc. as shown in the argument of this case, the punishment shall be determined as per the Disposition.

참조조문

-형법 제62조 제1항

-형법 제283조 제1항

-형법 제284조

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