logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.12.06 2013고단6103
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 two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. On August 5, 2012, the Defendant violated the Punishment of Violences, etc. Act (collective intimidation, deadly weapons, etc.) committed intimidation against the victim, stating that, on the grounds that the time for returning home of the victim C (Woo, 49 years of age) who is the Defendant’s wife in the Defendant’s residence located in Daegu Suwon-gu, Daegu-gu B was late, the Defendant used the electric saw, which is an object dangerous to the Defendant, during a dispute with the victim, in which he/she was punished, that he/she sawd with the victim, and that the victim took saws ( approximately 30 cm in length) which is an object dangerous to the Defendant by taking the electric saw back from the Defendant, and threatened the victim by threatening him/her.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective assault, deadly weapon, etc.) committed assault against the victim D (the age of 24) who is the child of the Defendant at the time and place specified in paragraph (1) by means of a tree atmosphere ( approximately 180 cm in length) which is a dangerous object on the ground that the Defendant’s act scams the Defendant’s act.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. On-site reports;

1. Application of Acts and subordinate statutes to the investigation report (a photograph, such as the standing room);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of assault to carry dangerous articles);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 (1) 3 of the Criminal Act does not focus on damage suffered by the victim, victims do not want punishment of the defendant, and considering the fact that the health of the defendant is not good);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

arrow