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(영문) 대구지방법원 김천지원 2013.10.02 2013고단961
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:40 on June 23, 2013, the Defendant took an attitude that the Defendant would inflict any injury on the body of the victim on the ground that the victim D (30 years of age) who was under his/her dwelling, was refrained from doing so, and that he/she was suffering from the letter C, and that he/she took a deadly weapon (32 cm in total length, 20 cm in length, and 20 cm in length) with a deadly weapon (32 cm in total, 32 cm in length, and knife in total) with a deadly weapon (20 cm in length) in his/her dwelling.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Records of seizure and the list of seizure;

1. Application of blade photographs statutes that have been abandoned on the spot;

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. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act (decision of a sentence): The elements of habitual crime, repeated crime, special intimidation [special sentencing] mitigated: [The scope of decision and recommendation in the recommending area] mitigated area, April-1 year [whether or not a suspended sentence is suspended] major illegal reasons: In the event that a person committed by carrying a lethal weapon with him, the major reason for pride: Six months: Imprisonment with prison labor for not less than contingent crimes, not less than a previous conviction (decision of a suspended sentence], and two years of suspended sentence: The defendant has history of being punished for a fine of seven million won or more due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Doing Vehicle) around June 2009, along with each of the above sentencing factors, the sentence shall be determined as per the order.

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