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(영문) 대구지방법원 안동지원 2015.06.16 2015고단161

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) was a person who was in a de facto marital relationship with the victim B (the age of 43) and B from January 14, 2015, and the victim was in a state of fighting with the Defendant on January 14, 2015.

Around 18:40 on February 3, 2015, the Defendant heard a answer from the victim that the victim would not enter the house even though the victim said that the victim “to scoo again scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood, 20.5 m in total length), which is a dangerous object in the between the vehicle and the victim’s body.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. Around 18:00 on February 4, 2015, the Defendant: (a) started from a plastic hospital parking lot located in the 99 Sin-dong-dong-dong-dong-dong-dong-dong-si; (b) operated a DNA car without a driver’s license in the section of about 30km to the parking lot located in the 346-103 Sin-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, via the same city-dong-dong-dong-dong-si 128-6.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (including details of suspect's driver's licenses in detail);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act and Articles 43 of the Road Traffic Act (the point of intimidation carrying a deadly weapon), Article 152 subparagraph 1 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.