logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.03.20 2014고단4089
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for 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

On September 18, 2014, around 11:15, the Defendant: (a) at the budget station exhibition center located in 101, a 101-ro 101, the branch of the budget Eup in the Chungcheongnam-gun budget-gun, the Defendant: (b) at the time when the Defendant’s birth living together with the Defendant finds out that the victim C (the age of 53) carried out funeral services while moving to the place where the Defendant’s living together is living together with his/her old seat; (c) he/she laid the kitchen, which is a deadly weapon located on the street left behind, and threatened the victim by gathering the kitchen, which is a dangerous weapon located on the street left behind it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

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

3. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

4. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The basic area (6 months to 1 year and 6 months) of Chapter IV (Habitual Cumulative Intimidation, Habitual Intimidation) (no person in special form] [decision of sentence] has the record of paying a fine several times for violence-related cases, and the fact that there is no settlement with the victim is unfavorable.

However, the execution of a sentence shall be suspended on condition of probation and community service in consideration of the fact that the defendant has committed all crimes and has no substantial damage, contingent crimes, and there is no criminal conviction or more than a suspended sentence due to the same crime.

arrow