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(영문) 대전지방법원 2014.06.20 2014고단1322
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

On March 31, 2014, at around 06:45, the Defendant: (a) sent alcohol to the Seo-gu Daejeon, Seo-gu, Daejeon, on the premise that the victim D (n, 44 years of age) was working and returned home, and the mobile phone text was settled at the restaurant, and then sent a knife knife (the total length, 32 cm, 20 cm) which is dangerous at one’s home, and then returned to the above restaurant, and then, (b) sent the victim the above knife that knife in his knife in his knife with the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif.).

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering the reflectivity, the victim's penalty not to be granted, the circumstances before and after the crime, mental health conditions, etc.);

1. Probation under Article 62-2 of the Criminal Act;

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

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