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(영문) 대구지방법원 상주지원 2014.07.01 2014고단124

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)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

Punishment of the crime

1. On January 15, 2014, the Defendant: (a) around 01:30, on the ground that, under the influence of alcohol, the attitude of the Victim D (18 years of age) who is an employee was not in mind within the C convenience store located in Daegu-gu Northern District B; and (b) on the ground that, under the influence of alcohol, the Defendant placed on the part of the victim an inner face in need of treatment for about 15 days, by drinking the victim’s left face once.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) and, at the above time, at the above place, threatened the Defendant with the same attitude that the said victim would inflict any harm on the victim’s body, such as that the said victim would have to report to the police due to the Defendant’s aforementioned act, and knife the knife knife, which is a dangerous object on the calculation team, and that the victim would face.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (as to the attachment ofCCTV photographs);

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, 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 concerning the crime;

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. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of recommended sentences according to the sentencing criteria;

A. Basic crimes [Scope of Punishment] From 6 months to 37 years [Determination of Punishment] Crimes and No special intimidation (Type 4] (Decision of Punishment] (Decision of Punishment) (Decision of Punishment)

(b) The basic area of concurrent crimes (the determination of types) (the general injury (the range of recommendations) and general injury (the type 1): April to June; and

(c) multiple crimes;