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(영문) 대구지방법원 의성지원 2015.02.05 2014고단285

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

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

1. On July 20, 2014, around 23:30 on July 20, 2014, the Defendant: (a) heard that the Defendant was dissatisfied with the Victim E(21) punishment on the day’s day in the vicinity of the D cafeteria located in the Gyeongbuk-gun C; and (b) opened a restaurant and intrudes on the victim’s residence to resist the victim.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.) committed a knife (36 cm in total length, 23 cm in length) with the knife (23 cm in length), which is a dangerous object, at the same time, at the above place, and at the above place, visited the victim with a knife, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the choice of a punishment (the points of intrusion upon residence, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (the points of intimidation to carry a deadly weapon);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the crime of paragraph (1) is recognized by mistake and the fact that the crime of paragraph (1) is not committed for the same kind of criminal record and suspended

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;