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(영문) 대구지방법원 2014.10.16 2014고단3585
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 13, 2014, around 05:50 on 05:50, the Defendant stated that “The Defendant, in front of the community credit cooperatives located in the Daegu Northern-ro 227 Glivenam-ro, 227, brought about a dispute with the victim C (the age of 66) and brought about a knick (the amount of 5cm in length per day) used for the purpose of cutting off the knick, which is a dangerous object, brought about by the victim.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to investigation reports (verification of the tools of crime used at the time);

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. Reasons for sentencing under Article 62(1) of the Criminal Act / [Scope of Recommendation] The following circumstances are taken into account: (a) the mitigation area (4 months to 1 year), the mitigation area (including a person who has been specially mitigated) (4 to 1 year), the exemption area of punishment (including a serious effort to recover damage) or considerable damage (the decision of sentence]; (b) the defendant is the primary offender; (c) the victim does not want the punishment against the defendant by mutual consent; (d) the crime in this case was committed contingent; and (e) the relationship between the defendant and the victim; (e) the background leading to the instant crime; (g) the background leading to the instant crime; (v) the defendant’s age, inclination; (v)

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