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(영문) 대구지방법원 서부지원 2014.06.20 2014고단579
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

Punishment of the crime

1. On April 2, 2014, the Defendant: (a) entered a livestock product sales place located in Daegu-gu Seo-gu Seoul Metropolitan Government “C” located in B; (b) carried a knife knife for cutting off (29cm in total length, 15cm in knife length); and (c) carried the knife around the livestock product sales place without any justifiable reason.

As a result, the defendant carried dangerous objects that could be used for crimes under the Punishment of Violences, etc. Act without justifiable reasons.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) cited the knife knife knife knife (29cm in total length, 15cm in knife knife knife knife knife knife knife knife knife knife knife knife knife)

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to a investigative report (to attachCCTV material photographs);

1. Relevant Article of the Act on the Punishment of Violences, etc. of Criminal Crimes, Article 7 (Selection of Imprisonment) of the Punishment of Violences, etc. Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the degree of damage is not significant, and the fact that the defendant has caused the crime of this case in a mental state where the defendant was not fully transferred);

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