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(영문) 대구지방법원 2015.09.18 2014고단6313
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 May 29, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) and two years of suspension of execution, which was finally dismissed, and the said judgment became final and conclusive on May 9, 2015.

1. On August 27, 2014, the Defendant, at around 21:40 on August 27, 2014, expressed that the Defendant would not have a child in front of the E convenience point in the D Hospital located in Daegu-gu, Daegu-gu, and expressed a great luxity to F, and that he would be able to feel a female, and expressed a desire for them.

The victim G (Nam, 25 years old) committed violence against the victim by putting the victim's neck in a single pushingle and blap with blap with blap with blap with hand while taking the victim's bath.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) followed by the Defendant, who was a dangerous object left in a nearby turdy field, and the Defendant told the said victim to the head of the said victim, and thereby, threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A complaint, a criminal investigation report (a counter investigation report), a criminal investigation report (Attachment of a site photograph), a criminal investigation report (report on recording of a telephone statement to I of a reference witness), a criminal investigation report (report on recording of a telephone statement to J of a reference witness), and a criminal investigation report (report on recording of a telephone statement to K of a reference witness);

1. Previous records of judgment: Criminal history records, probationary records, reporting of the absence of disposition, investigation reports (one copy, etc. of judgment), copies of each judgment, and application of Acts and subordinate statutes concerning search data of each case;

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014); Article 283(1) of the Criminal Act (amended by Act No. 12896, Dec. 30, 201); Article 260(1) of the Criminal Act for criminal facts;

1. The Criminal Act dealing with concurrent crimes;

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