logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원남원지원 2020.08.11 2020고단128
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is a person who owns a mountainous district B and its neighboring mountainous district in South Won-si, and the victim C ( South and 45 years of age) is a person who serves as the head of a D village.

1. At around 15:55 on April 25, 2020, the Defendant assaulted the victim in three times with her fingers and her flaps with her hand, as a matter of the donation of land owned by the Defendant in the field of packing business in the south-si, Namwon-si, B, and the E-mail business in the above D.

2. 특수협박 피고인은 제1항 기재 일시, 장소에서 제1항 기재와 같이 피해자를 폭행한 후, 피고인의 화물차량 적재함에 있던 위험한 물건인 곡괭이(총 길이 약 50cm)와 톱(총 길이 약 50cm)을 들고 와 피해자에게 “죽여 버리고 감방가면 된다”고 말하고, 이에 겁을 먹고 도망가는 피해자를 쫓아가며 “위협을 느껴봐라, 죽여 버린다, 어서 와라”라고 말하였다.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to saws, booms and saws used for crimes;

1. Relevant Article 260(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of punishment for a crime, the choice of imprisonment for a crime, the choice of punishment for a crime

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope that the sum of the long-term punishments of both crimes, which are heavier than the punishment, is added to the punishment for special intimidation);

1. Article 62(1) of the Criminal Act on the suspension of execution (hereinafter “the grounds for the suspension of execution”)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Special Intimidations) Crimes (Special Intimidations) (Special Intimidations) have no repeated crime, special intimidation (Type 4) (Special Intimidations) (Special Intimidations) (the scope of Recommendation and Recommendation), and imprisonment.

arrow