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(영문) 대구지방법원 안동지원 2015.10.13 2015고단362

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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

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

Reasons

Punishment of the crime

On January 11, 2015, at around 01:30, the Defendant: (a) heard the horses that “after the operation of the business has been completed; (b)” from the victim while drinking mixed alcoholic beverages at “E summary store operated by the victim D (AE) of the Yancheon-gun, D; (c) tried to take the head collection of the victim’s hair against the victim; (d) threatening the victim’s head collection by using a dangerous object on the table as hand; (e) threatening the victim’s head collection; and (e) broken the beer’s disease on the side of the victim.

Accordingly, the defendant threatened the victim with dangerous things.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D and each testimony of F;

1. Application of Acts and subordinate statutes to internal investigation reports, each investigation report and each accompanying document, and each photographic document;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Although the Defendant alleged that there was no threat to be a beer’s disease, the charges may be acknowledged according to the witness’s testimony and field pictures.

The above assertion is not accepted.

The reason for sentencing is that the defendant's mistake is not divided, the elements of unfavorable sentencing, the damage is minor and the victim does not want the punishment of the defendant, and the defendant has the history of only a fine for drinking driving once, the execution of imprisonment shall be suspended, but community service shall be ordered.