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(영문) 대구지방법원 2013.09.27 2013고단4589

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

1. On June 18, 2013, at around 13:40 on June 18, 2013, the Defendant used the victim’s “D cafeteria” operated by Yongcheon-si B, and used the victim’s cryp to the effect that he was subject to a disposition of a fine by having reported the victim’s exercise of right, etc. by obstructing the victim’s exercise of right. In doing so, the Defendant used the victim’s cryp to the effect that “this Chewing, DNA, and this son is the same bit of bitom,” and used the victim’s cryp to the effect that “the victim was punished by a fine.”

2. On June 18, 2013, the Defendant threatened the victim on the following grounds: (a) around 14:00 on June 18, 2013, the police officers, who reported and withdrawn, listened to the circumstances of damage against the victim; and (b) the Defendant: (c) intimidation the victim, stating that “the victim is Chewing, ice, knife, knife, and knife, knife., knife.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report on investigation (limited to criminal behavior tools and field photographs);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 283 (1) of the Criminal Act concerning the crime (the point of intimidation and the choice of imprisonment);

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

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

1. Article 62 (1) of the Criminal Act;

1. Although the reasons for sentencing under Article 62-2 of the Probation Criminal Act recognize and repents the defendant's mistake, considering all the circumstances such as the defendant's age, character and conduct, environment, and circumstances before and after the crime of this case, the crime of this case is committed without being aware of the fact that the victim was continuously punished several times in light of the means and circumstances of the crime of this case, and the victim did not reach an agreement with the victim.