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(영문) 대구지방법원 2014.06.13 2014고단1555

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

except that 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 February 16, 2014, at around 20:50, the Defendant drinked alcoholic beverages at C cafeteria located in Busan Metropolitan City B, and reported that the victim D(48 years of age) and the victim E (48 years of age) dialogues with the above cafeteria, and, on the ground that it is bad for the victim E (the victim) to have a fluench, “the fench fife fife fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff fiff., the Defendant fifed the fiff as fiff.

Accordingly, the defendant, who is a dangerous object, carried with him and threatened the victims with heavy rank.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to investigation reports (in-depth photographs, etc.);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] The reason for sentencing under Article 62(1) of the suspended sentence shall be determined as the Disposition, taking into account all the circumstances that form the conditions for sentencing, such as the following: (a) the basic area (6 to 1.6 months), the basic area (6 months) of the crime (including a person who is subject to special mitigation), the source of punishment (including a serious effort to recover damage) or a considerable damage; (b) the case where the crime was committed through a collective or multiple force, or where the crime was committed with a deadly weapon or other dangerous articles (excluding the case where special intimidation is applied) [the scope of final sentence due to the aggravated punishment] six to two years [the scope of sentence] agreed with the victims [the extent of sentence] six to three months [the period of sentence]; (c) background of the crime; and (d) the age, character and conduct, environment, means