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(영문) 대구지방법원 서부지원 2014.05.09 2014고단350

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 11, 2014, at around 22:15, the Defendant: (a) while engaging in a dispute with one another in relation to the operation of a singing room operated by the Dnonoso in Daegu-gu B, the Defendant: (b) placed the victim with a deadly weapon, which is a dangerous weapon located in the kitchen where the victim would escape from his/her home; and (c) brought the victim with a kitchen, which is a deadly weapon located in his/her home page (24cm in the knife length) and threatened the victim with a brush by going ahead of the victim’s face.

Accordingly, the defendant threatened the victim with the kitchen knife, which is a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as photographs of damaged parts, deadly weapons, photographs;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act (see, e.g., Supreme Court Decisions 201Do

1. Social service order under Article 62-2 of the Criminal Act;