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(영문) 대구지방법원 서부지원 2015.08.07 2015고단854
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

The defendant is a victim B (n, 21 years of age) and a relationship with the victim B.

On June 7, 2015, at around 05:10 on June 7, 2015, the Defendant, while making a horse or dispute with the victim in the house located in the Daegu-gu C building 306, booming around the victim's bucks and arms, etc., and the victim's report to the police to the police "I wish to do so until the end" means "I want to do so", and bucked bucking, which is a deadly dangerous weapon located on the main washing machine of the Jeju-gu C building 306.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) 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 (i.e., confession, reflectivity, absence of criminal records, relationship with the victim, circumstances surrounding the occurrence of the case, age of the defendant, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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