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Reasons
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(영문) 대구지방법원 경주지원 2016.01.14 2015고단802
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2015, the Defendant, at around 18:00 on September 12, 2015, led the victim D (51 cm) to take a son (51 cm) to use the cream, which is an object dangerous to the Defendant’s house by using the cream (20cm length: 20cm, 9.5cm width: 9.5cm), and led the knife to the knife of the knife and the knife to the knife, and expressed the attitude that the knife would inflict harm on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photographs showing awareness of crimes even during arrest;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment / [the scope of punishment ] 4 types of intimidation crimes (Habitual, repeated, repeated, special intimidation) / [the person who is subject to special mitigation / [the person who is subject to special mitigation ] / [the decision of sentence / The defendant] is not subject to punishment by threatening the victim by using a serious awareness, which is a dangerous object.

However, by mutual agreement with the victim, the victim does not want the punishment of the defendant.

There is little time to threaten the victim. In addition, in consideration of all the sentencing conditions indicated in the records of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case, the punishment as ordered shall be determined.

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