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(영문) 대구지방법원 2015.07.23 2015고단2184

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 27, 2015, around 13:00, the Defendant: (a) talked that the victim D (the 59-year old-old), before Daegu Northern-gu, did so as to see it as a boundary issue at the time of construction of a house 30 years prior to the 30-year period; (b) the victim talked about and resisted the victim, and plucked the victim’s hand by hand, and plucked the victim over the floor.

As a result, the Defendant inflicted an injury on the victim, such as cutting down the right side, which requires approximately seven weeks of treatment.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.) cited food blades (30 cm in total length, 19 cm in a knife) (19 cm in a knife), which is a dangerous object in his/her own house, at the same time and place as above, and threatened the victim with the said victim, and threatened him/her.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime (the point of intimidation to carry dangerous articles);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the total of the long-term punishments in the crimes above two crimes);

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act for the first crime [the scope of recommendation] for the sentencing of Article 62(1) of the Act on the Suspension of Execution and the second crime [the scope of recommendation] for the mitigated area (including a person who has been specially mitigated), the mitigated area (including a serious effort to recover damage), the mitigated area (including a serious effort to recover damage), the mitigated area (the scope of recommendation), the mitigated area (2-1 years), the mitigated area (including a special mitigation), the mitigated area (2-1 years), the mitigated area (including a serious effort to recover damage) [including a person who has been specially mitigated] for the aggravated punishment (including a serious effort to recover damage): April-1 and June (the decision of sentencing], and the victim's risk of the crime by threatening the victim in food.