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(영문) 대전지방법원 논산지원 2014.02.04 2013고단430
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

1. The defendant shall be punished by imprisonment for six months;

2. A copy (No. 1) of seized agricultural improvement shall be confiscated;

Reasons

Punishment of the crime

On July 25, 2013, at around 13:19, the Defendant, at the residence of the Victim C (Woo, 60 years of age) located in Chungcheongnam-gun, Chungcheongnam-nam, threatened the victim with the victim by having a slickly interfered with a dispute with the victim on the ground that the dog located in the victim’s residence was slickly prevented, and he slicked the victim’s body and displayed the victim’s body, and sleep (15.5 cm in length on the day, 31cm in length, 15.5 cm in length on the day) while taking the victim’s bath, and slick the victim’s body and slick the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in relation to C and D;

1. Application of each of the records of seizure, the list of seizure, the field photograph, the investigation report (on-site conditions, etc.) or video statutes;

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;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment: Imprisonment with prison labor for not less than six months nor more than 15 years (voluntary mitigation);

2. Basic area of the sentencing criteria [decision of types of punishment] group of violent crimes, type 4 (Special Intimidation) (Scope of Recommendation): Imprisonment for a period of six months to one year and six months: None of special factors of mitigation. / None of special factors of mitigation:

3. Determination of sentence: Six months of imprisonment; and

4. Whether to suspend the execution or not: A positive and negative act of carrying dangerous articles (the main reason for the suspension of execution): A positive and negative act of carrying dangerous articles: In addition to the main reason for the suspension of execution or more before two or more times (comprehensive comparison and evaluation) and the reason for general reference, the defendant has discovered the victim's residence several times prior to the instant case, the defendant has five times a total of five criminal records for violence, and there are two criminal records prior to the suspension of execution or more, and the defendant has failed to reach an agreement with the victim, and the defendant shall be sentenced to imprisonment with prison labor as ordered within the scope of the recommended sentence, by comprehensively taking into account all the circumstances revealed in arguments, such as the following:

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