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(영문) 대구지방법원 2016.01.15 2015고단4355
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim B (V, 45 years old) and the husband and wife.

1. On August 25, 2015, at the defendant's house located in the Daegu Suwon-gu apartment on August 25, 2015, the injured defendant did not have two children properly.

In the face of the victim by hand, the part of the face of the victim's face was taken once more than twice, the part of the face of the victim was taken twice by drinking, and the head of the victim was taken up by hand and the face of the victim was taken over by hand, and the victim was dumpeded with approximately two weeks of treatment.

2. A special intimidation: (a) the Defendant, at the time, at the time, at the place, as described in paragraph (1) and paragraph (1), had a knife (33 cm in total length, 20 cm in length on the day and 20 cm in length) that is a dangerous object at which the Defendant was at the seat of the said victim; (b) and (c) had knife the knife and knife towards the victim, and had the victim act as a knife.

The Defendant carried a knife, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer under B;

1. Statement made by the police against D;

1. A report on dispatch to the scene of domestic violence, investigation report (B photographs of parts against damage), and each photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of the Criminal Act, Articles 284, 283(1), and 257(1) of the Criminal Act, the choice of imprisonment for the crime, and the choice of imprisonment for each of them;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) First-Class 4 (Habitual, Cumulative Crime, Special Intimidation) basic area (six months to one year and six months) (no person who is subject to special sentencing) for the crime of intimidation;

B. No. 2 Crimes [Scope of Recommendation] General Injury (General Bodily Injury) in the basic area (4 months to 1 year and 6 months) (special sentencing factors)

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to two years and three months;

2. Sentence;

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