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(영문) 춘천지방법원 원주지원 2015.03.25 2014고단712
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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 of the final judgment.

Reasons

Punishment of the crime

On August 10, 2014, the Defendant: (a) around 15:55, 15:55, when drinking alcohol in the 111 U.S. Old Viewing Park, the Defendant told the victim C, who was seated in the above park, to turn on the fluore, but did not comply with it; (b) laid down a shoulder fluor block (15 cm in length, 10 cm in width) which is a dangerous object on the ground that he did not comply with it; and (c) continued to put the fluor’s disease, which is a dangerous object, on the floor, to put the fluor’s disease into the part of the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to investigation reports (on-site verification) and internal investigation reports;

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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, intimidation crimes, and Types IV (Special Intimidation);

(b) Special convicts: Reduction elements - No punishment sources;

(c) Scope of recommendations: Reduction area, four months to one year;

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence; and

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