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(영문) 대구지방법원 2015.04.17 2015고단321
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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 December 31, 2014, the Defendant: (a) at around 00:36, around 00:36, the Defendant: (b) at around 200:37, the Victim E (the 26-year-old), who was found in the residence of the Victim D (the 26-year-old), was threatening as the victim D, who was prone for about 3 years of age, would be heeped; (c) the face on the hand floor of the victim E (the 22-year-old-time-old-age-age-age-age-age-age-age-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based

The Defendant, by entering a small room of the victim E, brought a knife knife (knife length: 19cm) which is dangerous things in the kitchen that had been in the defective kitchen, and told the victim D to “not reported”, and threatened the breast part of the breast, as the victim D, and threatened the escape and the head of the victim who was in the middle of his residence, and threatened the victim with the above knife with the knife.

Accordingly, the defendant committed violence against the victim E and threatened the victim D by carrying dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of D (including the part of the E Statement);

1. The application of Acts and subordinate statutes to the records of seizure, list of seizure and report on investigation (with respect to photographing photographs of seized articles);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles), and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

A. Violation of the Punishment of Violences, etc. Act (referring to the scope of recommendation) (referring to the punishment of intimidation), the mitigated area (referring to four months to one year) (referring to a person who has been specially mitigated) of Type 4 (Habitual Cumulative Offense, Special Intimidation) (referring to a person who has been habitually mitigated).

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