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(영문) 대구지방법원 포항지원 2013.08.07 2013고단524

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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

Punishment of the crime

At around 00:05 on May 16, 2013, the Defendant, at the residence of the Defendant, was living together with the victim C (here, 27 years of age) who was a female living together with the Defendant (here, her husband) in the north-gu B building 304, North Korea-gu, Posi-si, B, 2013, and the victim took a knife knife (32 m in length), which is a dangerous thing that was located at the right angle, and then the victim threatened the victim with the knife, and the victim threatened the victim with the knife by knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report on investigation (attached to on-site photographs, such as criminal implements);

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 punishment shall be determined by taking into account the various circumstances that constitute the conditions for sentencing, including the following: the defendant reflects the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act; the fact that the defendant has agreed with the victim; and the fact that