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(영문) 대구지방법원 의성지원 2013.10.17 2013고단205

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 August 21, 2013, at around 09:50, the Defendant expressed a knife, knife (the total length: 32 cm, knife: 20 cm) and knife (the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife), and the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife).

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about C (including D's statement);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Article 62 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Six months to fifteen years from the imprisonment with prison labor for a prison labor;

2. Application of the sentencing guidelines [decision of types of punishment] - the group of violent crimes, intimidation, special intimidation (type 4] [Special Mitigation] mitigation area of punishment [the scope of recommendation], mitigation area of imprisonment from 4 months to 1 year [general mitigation person] - Where a person commits a crime by carrying a deadly weapon - positive reason - A person who has not been punished [the main reason for suspension of execution] - A person who has committed a crime by carrying a deadly weapon - A person who has been sentenced to no punishment [the reason for general participation in suspension of execution] - A person who has been sentenced to a suspended sentence of imprisonment at least two times

3. The sentencing conditions, such as the crime of this case committed at the same time and the criminal defendant’s criminal records, shall be determined as ordered in consideration of the sentencing conditions, even though the above sentencing factors and the defendant were suspended twice for the crime of injury.

It is so decided as per Disposition for the above reasons.