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(영문) 대구지방법원 2013.04.19 2012고단8832

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

Criminal facts

On November 16, 2012, at around 09:10 on November 16, 2012, the Defendant threatened the victim D (the age of 32) who was in Daegu-gu C, with an employee, with the victim who returned to the restaurant, the kitchen, and the knife, etc., under the influence of alcohol, on the ground that the victim was a cafeteria, and the victim, who was in the restaurant, knife and the knife, was in the police. The Defendant threatened the victim by threatening the victim, such as a knife knife (the knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning blades 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not to be minor and not to be taken by the victim, but to be sentenced to punishment as ordered, taking into account the following: (a) the defendant's mistake and reflects; (b) the defendant commits the instant crime by contingency; and (c) the defendant has no record of other crimes except once a fine is imposed.