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(영문) 대구지방법원 안동지원 2015.08.21 2015고단417
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around 18:30 on July 3, 2015, the Defendant, who violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.), listened to the victim’s words “overstanding drinking” while drinking alcohol in the “Enin house” kitchen operated by the victim D (the age of 79) at permanent residence C on July 18:30, 2015, the Defendant collected the kitchen knife (the total length of 28cc, the length of 17cc) which is a dangerous thing in the kitchen and was living in the kitchen, and displayed the victim the kitchen knife on several occasions.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant causing property damage: (a) threatened the victim with the kitchen knife at the same time and place as the above paragraph (1); and (b) laid the cooling, washing machines, four short plastic softs, and water purifiers in the “Enife” room.

Accordingly, the Defendant damaged the air conditioners with approximately KRW 200,000,000 of the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 3(1) and Article 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2(1)1 of the Criminal Act, Article 283(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Type IV (Scope of Recommendation) of the basic area (from June to one year and six months) of the crime of intimidation in violation of the Punishment of Violences, etc. Act;

2. [Determination of Sentence] One year of imprisonment (the former part of Article 37 of the Criminal Act between the crime setting the sentencing criteria and the crime not setting the sentencing criteria is concurrent crimes, and the sentencing criteria are not applicable, but the lower limit is based on the lower limit set in the sentencing criteria) Defendant commits the crime of carrying a deadly weapon, injury, etc. against other guests at the same time operated by the victim.

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