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(영문) 대구지방법원 포항지원 2015.02.11 2014고단1312
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

At around 16:20 on October 18, 2014, the Defendant: (a) reported the victim D(51) to drink together with his son at the table of “Ccafeteria” located on the south-gu, Nam-gu, Mapo-si, Mapo-si; (b) tried to see the victim’s refusal to do so; (c) 10 minutes of her refusal to do so; (d) brought about about the food knife, which is a dangerous weapon (20cm in knife) and knife the victim’s house on the second floor of the restaurant building; and (e) threatened the victim with a knife who tried to kill; and (e) led the victim to any harm to the life and body of the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes governing blades;

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. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no basic area (6 to 1.6 months) of the type 4 (Habitual Cumulative Intimidation, Habitual Intimidation) (6 to 1.6 months) [Pronouncement Decision] of the crime of this case (the crime of this case is a dangerous object carrying a knife and threatening a victim, and the crime of this case is a bad character.

However, the defendant recognized the crime of this case and reflected his mistake, the fact that 500,000 won has been deposited against the victim and agreed with the victim, and other circumstances shown in the records, such as the defendant's age, character and conduct, family environment, etc., shall be determined as ordered by the sentence.

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