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(영문) 대구지방법원 영덕지원 2012.11.07 2012고단150

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. On January 20, 2012, at around 10:39, the Defendant: (a) asked the victim D (at the age of 55) who was on the right-side road in front of the Damar Cmat in the Gyeongbuk-gun; (b) asked the victim D (at the age of 55) about the issue of leasing the Defendant’s land; (c) the victim d's hump hump hump hump hump hump hump hump hump hump hump hump hump; and (d) the victim D's hump hump hump hump hump hump hump hump hump hump,

2. The Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) put the victim D(s) into the floor at the time, at the same time, and at the same place as stated in 1.1.1 above, and threatened the victim D by putting the victim D(s) on hand, and putting the transition (the blade length of 12 cm) on the rubber line on his hand, leaving the victim D with the victim D, and putting the victim D with “Woo to die”.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecutor in relation to D;

1. Statement of the police statement regarding E;

1. Each entry in the medical certificate of injury, the protocol of seizure, and the list of seizure;

1. Application of film Acts and subordinate statutes of a criminal investigation report (Attachment of a field photograph);

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 (the point of intimidation by carrying a deadly weapon);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of adding up the maximum period of two crimes prescribed in the Punishment of Violences, etc. which is heavier than punishment (a collective crime, a deadly weapon, etc.), among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act, order to provide community service and attend lectures.