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(영문) 대구지방법원 상주지원 2014.11.04 2014고단459
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On July 11, 2014, around 08:10, the injured Defendant, at the Defendant’s house located in B B, suffered an influent injury during the treatment period that results in a hole of about 5 cm on the part of the victim, such as selling arms, etc., by taking the body parts, etc. of the victim over five times in the face of the victim on the floor of his/her hand, on the ground that the victim suffered a sound, while having come to dispute with the victim C (the 32 years of age) at the Defendant’s house located in B B, the Defendant suffered an influent injury on the part of the victim, such as selling and selling.

2. Violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) threatened the victim, such as attempting to open a knife (25 cm length) with a knife, which is a dangerous object in the kitchen, and a dangerous object in the kitchen, with a knife (25 cm in the knife) at the same time and at the same place, a knife into a bath room, and attempt to open a bath room.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation: Class 1 of Article 62-2 of the Act on Probation [Scope of Recommendation] Crimes: Types 4 (Habitual Cumulative Offense, Cumulative Intimidation), the mitigated area (4-1 year), the mitigated area (2-1 year), the mitigated area (2-1 year), the mitigated area (2-1 year), the mitigated area of punishment (2-1 year), the final sentenced to the aggravated punishment of multiple general offenders who are not subject to punishment: April 1-1 year and 6 months [3 months (limited to the modified amount by the aggravated punishment]; the defendant agreed smoothly with the victim; the defendant's age, character and behavior and environment; the motive, means and result of the crime; and the circumstances after the crime, etc.

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