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(영문) 대구지방법원 2015.11.19 2015고단3816

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

The defendant is living together with the victim C (V, 23 years of age) for one year.

1. On July 23, 2015, the injured Defendant, at the Defendant’s house located in Daegu Dong-gu, Daegu Dong-gu around 07:15, suffered an injury in the number of days of treatment days, such as she saw the victim into her face, and she saw the victim’s face by her hand, she saw the victim into her face, and she she she licks on the right side of the left part.

2. The Defendant, as described in paragraph 1, was trying to challenge the victim’s body at the time and place, and after going on the victim’s body, expressed that the kitchen knife (30 cm in total length, 18 cm in daily length), which is a deadly weapon, will fit for the victim’s face, and took an attitude that would cause harm to the victim’s body by doing so as to do so.

The defendant carried a kitchen, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement and the legal statement of witness E;

1. Each police statement of C;

1. Police seizure records;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) and the choice of imprisonment with prison labor, respectively;

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

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

1. Probation and community service order under Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. In order to settle a dispute with the victim by being arrested as an offender in the act of committing an offense at the time of the instant case, the Defendant explained his intention to the victim, and led the victim to a situation that seems to have a knife on the victim, so there was no intention of intimidation.

2. Determination

(a)in the crime of intimidation;