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(영문) 대구지방법원 영덕지원 2015.03.11 2014고단171
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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 of the final judgment.

Reasons

Punishment of the crime

1. Around 01:30 on August 23, 2014, the Defendant driven a Egallon vehicle in a state of alcohol alcohol concentration of about 60km from the Defendant’s house located in Ansan-si C to the front day of the Gyeongbuk-si, Anndong-si, with approximately 0 kilometers in approximately 0.119% of blood alcohol concentration.

2. Around 02:30 on August 23, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) cited a knife (knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police statement concerning F;

1. A report on the situation of running a motor vehicle under consideration and a report on detection of the motor vehicle under consideration;

1. A list of seized articles, a list of seized articles and a list of seized articles;

1. Application of Acts and subordinate statutes to internal investigation reports (in relation to the attachment of photographs), investigation reports (Attachment of kniff photographs used in committing), investigation reports (Attachment of kniff photographs) (Attachment of CCTV photographs);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects a punishment (the point of driving a sound and the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (the point of intimidation by carrying a deadly weapon);

1. From among concurrent crimes, an aggravated punishment for concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (referring to the aggravated punishment for concurrent crimes resulting from a violation of the Punishment of Violences, etc. which is heavier than the punishment, but the maximum punishment shall not exceed the scope calculated by adding up the maximum punishment for the crimes above and the maximum punishment for the crimes of violation of the Road Traffic Act);

1. The defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the victim of intimidation.

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