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(영문) 대구지방법원 포항지원 2014.04.24 2013고단1247
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 1, 2012, the Defendant was sentenced to eight months of imprisonment with labor for the crime of interference with business, etc. at the Daegu District Court Port Branch on November 1, 2012, and completed the execution of the sentence at the port prison on April 27, 2013.

1. Around July 22, 2013, the Defendant was in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) at the convenience point of “E” in the operation of the Victim D (Age 54) located in North Korea-gu, North Korea-gu, Posting one illness, etc. and demanded payment from the victim, and the victim was the victim, and the victim was the victim, and “A was in the alcohol center of Fa Hospital,” and “A was in the alcohol center of Fa Hospital, such as spile, spile, sprink, etc., with no money, and threatened the fabs, which are dangerous objects with his/her hand, by getting off to the calculation unit, thereby threatening the victim.

2. At around 01:40 on August 1, 2013, the Defendant damaged public goods, on the ground that the Defendant was arrested at the 3 detention room of the Seosan-dong Police Station located in Chungcheongnam-gu, Seosan-dong, Chungcheongnam-gu as a separate criminal act of fraud, and that the Defendant destroyed by spreading toilets, which are public goods equivalent to KRW 50,000,000, the market price of which is the public goods at that place, by taking several times, the toilets of toilets, urinals, Plasts, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Written statements of D;

1. Written estimate;

1. Previous record: Application of Acts and subordinate statutes to the accused's legal statement, criminal record inquiry;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning facts constituting a crime (the point of threat to carry dangerous objects), Article 141 (1) of the Criminal Act; the selection of imprisonment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment for not less than six months but not more than 25 years;

2. Scope of recommendations on the sentencing criteria - Basic crimes: violent crime group, intimidation crime, and Type IV (Habitual, repeated crime, special intimidation).

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