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(영문) 대구지방법원 2017.05.23 2017재고단19 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On August 10, 2014, the Defendant received a demand from the victim E (S) who is the police assigned for special guard of the D Hospital located in Daegu-gu, Daegu-gu, to park in another place, in front of the D Hospital's fixed guard room located in the D Hospital, Daegu-gu, Daegu-gu, Daegu-gu, Seoul-gu, to leave golf bonds, which are dangerous objects, at the back of his/her vehicle, in front of the D Hospital's fixed guard room.

In his hands, he saw the shoulder of the victim F (41) as his hand, flapsed up 2 to 3 times to the victims, and "the death is flad, the death is fladed, and the death is flad, and the death is fladed."

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police interrogation protocol to E or F;

1. The punishment provided for in Articles 284 and 283 (1) of the Criminal Act and the punishment 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] [the scope of the recommended punishment] and the mitigated area (4 months to 1 year), the mitigated area (4 months to 1 year] [the specially mitigated person] [the standards for multiple crimes] from April to June;

2. Determination of sentence - Determination of favorable circumstances: The part dismissing the prosecution in consideration of various conditions of sentencing specified in the records of the instant case, such as reflectivity, the victim’s non-competence of punishment - Unfavorable circumstances: criminal records committed by a large number of mobile species - the defendant’s age, sex, state of health, home environment, motive, means, consequence, etc.

1. On August 10, 2014, the Defendant: (a) received a request from the victim E ( South, 42 years old) who is the police assigned for special guard at the seat of the D Hospital in Daegu-gu, Daegu-gu to park in another place on the part of the police assigned for special guard at the seat of the D Hospital on August 10, 2014; and (b) “Death I see”

The victim F, who is the police assigned for special guard who has pushed the victim E's chest at one time by hand and has heard a sudden sound, "I am 41 years of age" and "I am son at one hand while I am son at the same time."