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(영문) 대구지방법원 2015.10.23 2015고단4326
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. At around 22:00 on August 3, 2015, the Defendant repeatedly threatened the victim C (Seoul and 55 years of age) who was found in the above apartment management office at around 22:0, the Defendant: (a) considered that the residents of the above 304-dong B Apartment 104, who were living together, thought that the residents of the above 304-dong 304 considered the garbage to the balcony, and caused the dissatisfaction to the balcony; (b) carried the Belgium, who was in possession of the dangerous objects, and there was no seal, but there was no number; and (c) found in the above apartment management office around 22:09 on the same day, the Defendant repeatedly threatened the victim C (the son and 55 years of age) who was an employee of the management office.

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

2. The Defendant destroyed and damaged the locked equivalent to KRW 50,000 of the market price managed by the victim by forcing the said victim to report the fact that the said victim is located in the office by hand at the same time and place as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. The application of Acts and subordinate statutes to internal investigation reports (the attachment of photographs taken of the damaged entrance and damaged), investigation reports (Attachment of a receipt), and copies of receipts;

1. Relevant Article of the Criminal Act and Articles 284, 283 (1), and 366 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the long-term punishment for two crimes is aggregated);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Type 4 (Habitual Offense, Cumulative Offense, Special Intimidation) (including a person subject to special mitigation) and a person not subject to punishment (including a serious effort to recover damage);

(b) Type 1 (Destruction, Destruction, etc. of Property) and the scope of mitigation (1 to 6 months) (including specially mitigated persons) and non-members of punishment (including serious efforts to recover damage);

(c) The scope of final sentence due to the aggravation of multiple offenses: four months to one year and three months;

2. The fact that the decision of sentencing is inconsistent with that of the sentence.

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