beta
(영문) 대전지방법원 홍성지원 2013.05.10 2013고단200

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 10:40 on October 1, 2012, the Defendant found the victim D's "E" page of the "E" operated by Hongsung-gun, Hongsung-gun, on the ground that the victim D did not repay the victim D's borrowed money, and the victim D's left margin is "I am am am am am am or am am am son," and the victim F, who is the birth of the victim D, continued to hear the sound disputed by the victim F, who was kept in the victim F, and found it in the main bank, and then discarded the victim's knife (No. 1, 35 cm in length, 22 cm in a knife length) which was kept in the victim F, and "I am am am" while threatening the victim's goods stored in the Defendant's vehicle, while threatening the victim's am 2, 2003 am am am and am am.

As a result, the defendant put the victim D on the left-hand side in need of medical treatment for about 14 days, and threatened the victim F with a knife using a knife, which is a deadly weapon, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding F;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of seizure records and list statutes;

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 to carry a deadly weapon);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

1. Article 62(1) of the Act on the Suspension of Execution provides that the Defendant is recognized as committing a crime and commits an offence against the depth of the Defendant, and that there is a dispute with the victims due to financial problems, etc. while the Defendant was in an economically difficult situation, and thus, it seems that the instant crime was caused by the emotional distress, and that the Defendant was neglected by the victims, and that the knife and the knife is knife in