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(영문) 대구지방법원 2015.04.16 2015고단347
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten 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

Around 16:11 on January 1, 201, the Defendant: (a) found that the noise between the floor was generated in Daegu C Apartment No. 1008 201, Daegu C Apartment No. 1008 201; (b) found the Defendant’s wife and D’s wife fighting under the above 1008 301, the residence of the victim E (the age of 32), which was the domicile of the Defendant; (c) reported the disturbance by 112; and (d) reported the disturbance to the police officer’s dispatch; and (d) made the Defendant’s movement to the 16:40 on the same day after the police officer dispatched to the above 201 and then returned to 16:40 on the same day, he did not know of the victim’s previous conviction, and then, he did not know the victim’s death.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of victim E;

1. The police seizure record and the list of seizure;

1. Investigation report (at the site of 112 Report);

1. Application of two copies of Acts and subordinate statutes to site photographs, 112 reports processing details;

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. 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 extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] - Type 4 (Habitual Offense, Cumulative Offense, Special Intimidation) (Special Intimidation) basic area (6 to 1.6 months) of the Criminal Act (Special Madern) (Special Madern) was carried with the defendant and threatened the victim. The police officer committed the instant crime with a complaint against the dispatch of the police officer due to the 112 report, and the victim was subject to considerable mental shock enough to cause the director.

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