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(영문) 대구지방법원 2014.01.23 2013고단5990

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six 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 September 16, 2013, at around 16:05, the Defendant threatened the victim D(36 years of age) with stones (10cm, about 20cm, about 10cm, about 20cm) which were dangerous in the vicinity of the building B, on the ground that the victim D (36 years of age) was living in the vicinity of the building B.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are divided and reflected in the fact that the defendant commits a mistake, the victim does not want the punishment of the defendant, the victim has no record of criminal punishment, and the motive, background, means and methods of the crime of this case, circumstances before and after the crime of this case, and other circumstances, including the defendant's age, character, behavior, career, environment, etc., as shown in the argument of this case, shall be determined as the sentence of