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(영문) 청주지방법원 2015.06.11 2014고단812
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 2014. 4. 19. 07:00경 청주시 흥덕구 C에 있는 피해자 D(여, 20세)의 집에서 피해자가 노래방에 아르바이트를 나간다는 이유로 피해자와 말다툼을 하던 중, 피해자에게 “나는 너를 보면 죽이고 싶다”라고 말하면서 피해자를 향하여 위험한 물건인 부엌칼(길이 약 25cm )을 들이대어 찌르는 시늉을 하고, 그곳 화장실에 들어가 “너 목 매달아 죽일 자리를 보는 거다”라고 말하여 피해자를 협박하였다.

2. Around 05:00 on April 20, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective assault, deadly weapon, etc.) committed assault against the victim by taking the arms of the victim by taking away the main disease, which is a dangerous object, while drinking the victim with D and drinking at F’s house located in Heung-gu, Young-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, for the reason that the victim took part in singing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of assault to carry dangerous articles);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order Article 62-2 of the Criminal Act - The grounds for sentencing under Article 62-2 of the Punishment of Violences, etc. Act - the scope of recommended sentence according to the sentencing guidelines for a crime of violation of the Punishment of Violences, etc. Act: Imprisonment with prison labor for up to six months from one year to six months, and intimidation.

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