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(영문) 대구지방법원 김천지원 2013.09.26 2013고단908
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

The defendant is between the victim B(21) and the victim C(22) and the workplace partner, and the victim B doubtfuls the defendant as to the loss of money within the company dormitory.

At around 02:30 on June 21, 2013, the Defendant: (a) 707, a dormitory of the company in Kumi-si, Sinsi-si, Sinsi-si, and (b) string the knife, which is a deadly weapon (the total length of 31cc and 20cm) in the main room, and (c) wring the head of the victim B, and (d) wring the victim B with the above knife, “the victim’s knife is doubtful,” and (d) threatened the victim’s knife with the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Accordingly, the defendant threatened victims by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Application of Acts and subordinate statutes to investigation reports (as to the seizure of knife and the attachment of photographs);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) 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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation and community service order: (a) the reason for sentencing under Article 62-2 of the Criminal Act [the determination of a sentence] is inconsistent with the period of sentencing under Article 62-2 of the Act on Probation and Community Service Order, repeated offense, special intimidation (special sentencing person] - The elements of mitigation: [the scope of recommending punishment] mitigation area; (b) imprisonment for four months to one year [the scope of revised recommended punishment]; and (c) imprisonment for four months (six months). Therefore, the lower limit of the applicable sentences under the law should prevail

[General two-years] - Mitigation elements: serious half-year suspension of execution.

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