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(영문) 대구지방법원 포항지원 2013.10.16 2013고단630
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 May 25, 2013, around 17:50 on May 25, 2013, the injured Defendant: (a) determined that the Defendant parked in the front parking lot in the Ccafeteria B located in the north-gu, Northern-si, the Victim D (27 years old); (b) determined that the Defendant “whether the Defendant is frighthhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

2. The Defendant violated the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) temporarily and at the place specified in the preceding paragraph, and on the same reason, entered the said restaurant without participating in the part of the said victim, and thereby threatening the victim’s hair (30cm in total length) and the victim’s hair.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The list of seizure and the protocol of seizure;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, Article 257 (1) of the Criminal Act concerning the punishment of a crime;

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

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

1. The standard of sentencing under Article 62-2 of the Social Service Order Criminal Act is not only to have again committed the instant crime despite the fact that the Defendant had a record of criminal punishment as an act of violence, but also to have threatened the victim with the two saws.

However, the punishment shall be determined in consideration of various circumstances that are conditions for sentencing, such as the fact that the defendant is against the defendant and the agreement with the victim.

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