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(영문) 대구지방법원 2013.11.08 2013고단2782
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 17:00 on March 30, 2013, the Defendant: (a) stated that the Defendant was the victim of the wife C (Yin, 53 years of age), who was living separately, “an amount of KRW 4 million is changed; (b) another male smell is dead; and (c) took a dangerous object (43 cm in length) while threatening the victim; and (d) harming the victim; and (e) harming 20,000 won of trees owned by the victim, which was damaged.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes on police seizure records;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 283 (1) and 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary work prescribed in Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the confession of a crime, the violation of the provisions of Article 55 (1) 3 of the Criminal Act during the period of pre-trial detention, and the receipt

1. Article 62 (1) of the Criminal Act (same to Reasons for discretionary mitigation);

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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