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(영문) 대구지방법원 포항지원 2014.04.03 2013고단1304
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

The defendant is a worker of the victim B(56 years of age) management C, and there was a claim or obligation with the victim B.

1. On December 13, 2013, at around 10:00, the Defendant: (a) carried golf loans, which are dangerous objects to take the debt amount against B; (b) went to the office located in Nam-gu, Nam-gu, Nam-gu; (c) but (d) confirmed that B had only only 39 years of age and accounting, the victim D (or 39 years of age) with the said golf loans; and (d) threatened the Defendant with having the said golf loans, putting the computers, windows, floors, etc., and d.

Accordingly, the defendant carried dangerous objects and threatened D.

2. The Defendant, at around 14:40 on the same day as the above paragraph (1) above, carried 14:40 meters of a dangerous object, and found the victim B as the above office again, and threatened B by showing the attitude that the victim B’s face.

Accordingly, the defendant carried dangerous objects and threatened B.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and B;

1. Application of Acts and subordinate statutes on police seizure records;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds that there is no record of crime with violent inclinations to the defendant, the victims have withdrawn their intent to punish the defendant, and the circumstances leading to the crime in

1. Article 62-2 of the Criminal Act on Probation and Article 59 of the Act on Probation, etc.;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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