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(영문) 대구지방법원 안동지원 2014.07.11 2014고단122
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

Punishment of the crime

At around 23:50 on January 27, 2014, the Defendant: (a) at the “C cafeteria” located in the C Doncheon-gun B, the Defendant, while drinking the victim D (L, 62 years of age) and drinking, threatened the victim with the attitude that: (b) the Defendant, a dangerous object on the table that the Defendant had borrowed money from the victim 12 years prior to the 12-year-old-gun, carried the crogate and carried the crogate, and (c) carried the crogate and carried the crop, “I will have to pay the money if she died of her death.”

Thus, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. The reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] of the suspended sentence under Article 62(1) of the Criminal Act / [the grounds for the suspended sentence] / [the scope of recommending sentence] the mitigated area (4 to 1 year), the mitigated area (4 to 1 year), the mitigated area (including serious efforts to recover damage) or considerable damage (the decision of sentencing] / the Defendant’s liability cannot be deemed to be mitigated in light of the attitude of the act of intimidation (the decision of sentencing). However, in light of the attitude of the act of intimidation, the Defendant appears to recognize and reflect his/her mistake, and the Defendant agreed with the victim, the suspended sentence was determined by taking into account all the conditions as stipulated in Article 51 of the Criminal Act,

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