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(영문) 대구지방법원 포항지원 2013.11.27 2013고단521

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 23:30 on February 19, 2013, the Defendant used the transition (12cc in length, 8cc in blade length) which is a dangerous object out of the restaurant, and made a threat to the victim F (53 years of age) who was the customer of the said restaurant, and made a threat to the victim F (53 years of age) who was the customer of the said restaurant, by taking advantage of the fact that the victim D (the 56-years of age) was in drinking alcohol in three times, while drinking alcohol in the said restaurant. As the Defendant returned to the said restaurant, the Defendant made a threat to the victim F (the 53-years of age) who was the customer of the said restaurant, who was the customer of drinking alcohol.

2. Around 01:00 on February 20, 2013, the Defendant cited the above excessive points to E-cafeterias as indicated in paragraph (1) and then, again, made it difficult for the victim F, who returned to the country after being contacted with the cafeterias while leaving the cafeterias, to restrain the victim F, who was in contact with the cafeterias, and threatened the victim by leaving the cafeterias up the above excessive amount as in the victim’s sludge.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

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, Article 283 of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the reflection of the accused, the fact that the accused agreed with the victims, the fact that there was no previous offense in addition to the punishment once by a fine);

1. Article 48 (1) of the Criminal Act of confiscation;