logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2014.05.22 2014고단395
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. At around 00:20 on January 19, 2014, Defendant A expressed a knife (27 cm in length, 16 cm in blades) for the main purpose of release (27 cm in length, 16 cm in knife) of the Defendant’s knife, which was dangerous in the main purpose of the Defendant’s house located in the Dong-gu, Yan-gu, Yan-gu, Yan-si, Yan-si, and the victim B (50 years old) who was flifeed before the said D was found at his house, and was not found at his house.

Accordingly, the defendant adopted dangerous things and threatened the victim.

2. When Defendant B contests with the victim A (the age of 41) at the date, time, and place mentioned in paragraph (1), the Defendant brought a fluoral disease, which is a dangerous thing in the plan to go through the fluence, and assaulted the victim by getting the victim's head.

Accordingly, the defendant assaulted the victim with dangerous things.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Written self-sufficiency in B and D;

1. Report on the occurrence of the case;

1. Application of Acts and subordinate statutes to on-site and inbound photographs;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act;

(b) Defendant B: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 260(1) of the Criminal Act

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the accused repents wrongs and commits contingent crimes);

1. Article 62 (1) of the Criminal Act under the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) that does not have any sentence imposed on Defendant A, that Defendant B has no record of being punished for the same kind of crime, and that there are only one previous criminal record of a fine,

arrow