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(영문) 대구지방법원 포항지원 2013.07.03 2013고단472
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten 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 living together for about 31 years and about 5 years with the victim B(n, 31 years of age) was faced with a monetary problem on December 2012, and on April 2013, the defendant temporarily stayed in the residence of the victim and used a room different from the victim.

At around 07:40 on April 22, 2013, the Defendant reported the victim's cell phone textbook 302 in the victim's residence in the north-gu Cwon room 302, North-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo

After that, the Defendant confirmed that the said D was made by calls from the victim’s cell phone to the victim’s cell phone, and confirmed that the said D was in the place of the victim’s house, and subsequently went out of the room, she took a dangerous object (10 cm a day, 12 cm a day, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife).

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

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, 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 crime of this case is not only once again committed even though the defendant had a record of criminal punishment as an act of violence several times of sentencing under Article 62-2 of the Social Service Order Criminal Act, but also the crime of this case is excessively short and threatened to the victim.

However, the punishment shall be determined in consideration of various circumstances that are conditions for sentencing, such as the fact that the defendant is against the defendant and the agreement with the victim.

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