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(영문) 대전지방법원 2013.09.27 2013고단3082
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around March 2013, the Defendant assaulted the victim’s chest at the second floor D office of the Daejeon Jung-gu Daejeon building C, Daejeon as a matter of the refund of takeover money for the victim’s E (year 55) and the claim, such as the sticking of a book above on the upper chest of the victim, and the victim’s chest was 2-3 times to 2-3 times.

2. Around 14:00 on May 1, 2013, the Defendant violated the Punishment of Injury and Violence, etc. Act (collective, deadly weapons, etc.) (collective, deadly weapons, etc.) found the face of the victim who was found to be an issue of claim takeover at the same place as the claim takeover amount, and 5-6 times on the part of the victim who was in need of treatment for about 14 days.

On the other hand, the Defendant threatened the victim with “to die and throw away the neck,” which is a dangerous object that had been sprinked on a book, as the victim’s item, and threatened the victim with “to die and throw away the neck.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of witness E;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment), Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (the point of intimidation to carry a deadly weapon) of the choice of the criminal facts;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of applicable sentences] [the scope of applicable sentences] from June to June (after discretionary mitigation] / [the scope of recommended sentences] violent crime group, intimidation (special intimidation), basic area of imprisonment, six months to one year and nine months [the application of guidelines for processing multiple crimes] from June to two years [the application of guidelines for suspended sentence] - Major reasons for writing : there is no serious reflective motive - General reasons for writing : there is no serious reflective motive - General reasons for writing : there is no previous sentence of imprisonment: contingent crime; a suspended sentence of imprisonment.

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