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(영문) 대구지방법원 의성지원 2013.09.26 2013고단183

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six 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

At around 23:00 on July 28, 2013, the Defendant, while dialogueing with the victim at the second floor E (46 years of age) of the D cafeteria located in the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant: (a) placed the victim a dangerous object in his/her ordinary household room (19cm in total length, 9cm in length) on the right hand; (b) placed the victim’s refusal to kill, “I will throw away a bit of a bit of a bit of a width; and (c) laid the bit of a bit of a bit of a bit of a width; and (d) put the fluor of a fluor.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (verification, etc. of evidence and evidence);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Six months to fifteen years from the imprisonment with prison labor for a prison labor;

2. Application of the sentencing guidelines [Determination of types of punishment] In the case where a person commits a crime with a deadly weapon or other dangerous articles [the main positive factors of the suspended sentence] committed a crime by carrying a deadly weapon or other dangerous articles [the main positive factors of the suspended sentence], the decision is made as shown in the disposition of the court on the grounds that there are no contingent crimes, serious reflective crimes, or criminal records beyond the suspended sentence.