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(영문) 대구지방법원 2014.09.18 2013고단6432

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for one year.

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

1. On June 28, 2013, the Defendant: (a) around 15:30 on June 28, 2013, the Defendant: (b) under the influence of alcohol in the E-cafeteria operated by the victim D in Daegu-gu, Daegu-gu; (c) took a bath to the victim without any justifiable reason; (d) destroyed the gas siren installed in the consignee by breaking the consignee’s door, and destroyed and damaged the property owned by the victim in an amount equivalent to 50,000 won of the market price, such as the number of glass cups on the consignee.

2. Violation of the Punishment of Violence, etc. Act (a group, deadly weapons, etc.) and the Defendant injured the beer's disease at the time, place, such as the preceding paragraph (1) and broken the beer's disease at the same time and place, and thereby threatening and threatening the victim D (the 62 years old), and returned to the police officer who was dispatched upon receipt of a report. On the same day, the Defendant found the above restaurant and the victim at around 17:10 again called the above restaurant "Woo-man well known to the franite," and she saw the victim's name and arms in several times, sealed the victim with the wall, sealed the victim with a knife (the length of 45 cent, the day length of 30 cent) which is a deadly weapon in the above restaurant, and went back to the victim by threatening the victim, and then going to the victim out of the restaurant by threatening the knife.

As a result, the defendant injured the victim about two weeks of treatment, and threatened the victim with a deadly weapon, carrying it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written diagnosis of injury;

1. Receipts:

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The first crime for the reason of sentencing under Article 62(1) of the Criminal Act (the scope of recommendations) shall be the suspended sentence.