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(영문) 춘천지방법원 강릉지원 2017.02.09 2015고단927
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

A seized knife (No. 1) shall be forfeited from the defendant.

Reasons

Punishment of the crime

1. On August 15, 2015, the Defendant assaulted the victim two times on the left side of the victim by drinking alcohol without any reason while drinking together with the victim at the home room of the victim C (35 tax) (hereinafter referred to as the “victim”).

2. On August 15, 2015, at around 05:00, the Defendant: (a) returned home of the Defendant; (b) returned home of the Defendant; and (c) opened a door and door in the victim’s house; (d) however, the Defendant, who did not comply with it, went through the door door and door door door door door, and (e) damaged the property owned by the victim to the extent that the market price’s repair cost is excessive by opening the door by forcing the window shock network.

3. Special intimidation Defendant: (a) knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

The victim threatened the victim by stating that the bridge would be well abandoned.

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to the site and photographs of seized articles;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 366 of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment with prison labor for the crime

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

1. As for the reasons for sentencing under Article 48(1)1 of the Criminal Act, there exists a history of being sentenced to a fine for violent crimes in 2011. The scope of sentencing guidelines set forth in the sentencing guidelines is in an unidentified state after prosecution without taking measures to recover damage that has not been exceeded a fine: 6 months of imprisonment, 2 years and 2 months [6 months of imprisonment, which is the recommendation and sentence for a basic special crime of intimidation, 1 year and 6 months (in the form of violence, intimidation, 4 types, and basic areas).

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