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(영문) 대구지방법원 2014.10.08 2014고단592

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

1. On October 10, 2013, the Defendant: (a) around 20:20 on October 10, 2013, 2013, the Defendant, at the Eju shop located in Daegu Suwon-gu D, referring to the sound in which the victim F (the age of 25) who is an employee under the influence of alcohol f (the age of 25) puts beer in the cooling house in the cooling house, and, thus, she dried the victim with a knife knife (the knife knife knife knife knife).

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

2. The Defendant, at around 20:30 on the same day as the above paragraph 1 above, found an order from 20:0 on the same place, to be located in G, an employee of G, who entered the same place (at 24 years of age), the Defendant saw that the knife of the above knife, which is an object dangerous to chemicalize, is cut off from the knife to the victim, and put the knife the knife at the knife, which is an object dangerous to chemicalize, and treated only with the thickness and the inside of the knife.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. A written statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to the criminal place and to report the occurrence of the case;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing of Article 48(1) of the Confiscation Criminal Act is that the defendant led to the confession of the crime and reflects his mistake, the victims and the defendant did not agree with the original intent or the defendant's punishment, the defendant did not have the same criminal record, the defendant was living under detention for a considerable period of time due to the crime of this case, and the senior student is a high school student.