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(영문) 춘천지방법원 2015.08.20 2015고단751
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 폭력행위등처벌에관한법률위반(집단흉기등협박) 피고인은 2015. 5. 21. 22:50경 춘천시 C 피고인의 집 앞에서, 이웃인 피해자 D(40세)을 쳐다보다가 피해자가 ‘뭘 보냐’고 하자 피해자에게 ‘왜 웃통을 벗고 있느냐’고 시비를 건 다음 피고인의 집에서 위험한 물건인 과도(칼날길이 약 9cm)를 들고 춘천시 E 피해자의 집 현관으로 갔다.

In addition, the Defendant, at the stand of the victim at the same time, threatened the victim with the above excessive restriction, towards the chest part of the victim's chest.

The Defendant carried the excessive amount of dangerous objects, and threatened the victim.

2. The Defendant: (a) at the front house of the above victim D, threatened the victim as mentioned in the preceding paragraph; and (b) the victim gets the Defendant into the victim’s house, thereby cutting the front door door and brooming the Defendant into the front door by hand.

As such, the Defendant destroyed brooms owned by the victim with no knowledge of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of current brooms photographs and excessive photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) and Article 366 of the Criminal Act concerning facts constituting an offense, and Articles 3 (1) and 2 (1) 1 of the same Act, Articles 283 (1) and 366 of the Criminal Act;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

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

(a) Basic crimes [Crime of Intimidation (Crime of Intimidation of Group, Deadly Weapons, etc.] / [Crime of Intimidation] / Special Intimidation for habitual repeated crimes;

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