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(영문) 인천지방법원 2014.04.16 2013고단4710
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. At around 13:30 on July 23, 2013, the Defendant expressed that “the victim D (here, 20 years of age) who is an employee to purchase tobacco within the convenience store located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, did not engage in personnel affairs and did not do so,” and expressed that “the same year as bit of bitch bitch bitch bitch bitch,” “I wish to take back before 30 years of bitch bitch bitch,” and used the victim’s flap son as his hand, thereby harming the victim.

2. In violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) the Defendant reported the said victim to the police in front of the above convenience point at the time set forth in paragraph (1) of this Article and threatened the victim by extracting the de facto frash (90 cm in length, 5 cm in diameter) that is a dangerous object in which the Defendant could not escape, and thereby getting the victim free of flight. As the victim avoided it, the Defendant threatened the victim by stating that “I want to go away. I want to do so. I will do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of the victim;

1. Application of ctv photographs, convenience points ctv video-related Acts and subordinate statutes to the crime scene;

1. Relevant Article of the Criminal Act, Article 260 (1) of the Criminal Act that applies to a crime, the choice of a punishment, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (the point of intimidation to carry a deadly weapon);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the upper limit of the two crimes is aggregated);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of the recommended sentencing criteria;

(a) Class 1 crime (determination of types) and intimidation: Habitual, repeated, special intimidation (Special Intimidations) - Aggravation factors: Victims vulnerable to the crime [Scope of Recommendation Punishment] 8 months to 2 years (shortest statutory penalty) 1 year; and

(b) the second offence;

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