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(영문) 대구지방법원 2014.05.23 2014고단1277
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a couple between the victim B (n, 27 years of age) and the husband.

At around 1:00 on September 6, 2013, the Defendant: (a) 203 of the Daegu Dong-gu C building 203; (b) dumpeded the victim on the ground that the victim dump with another male on the preceding day dumped with her beer; and (c) dumpeded the victim on the ground that the victim dump had her beer with the other male on the same day; and (d) dumped the victim on the ground that the victim dumpededed with her toe, with her toe,

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes to the investigation report (Submission of photographs) and photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing below) include the following: (a) the confession of the facts of the crime by the defendant and the violation of his mistake; (b) the victim and the defendant have agreed smoothly; (c) there is no means to have been punished exceeding a fine; (d) when the victim became aware of drinking late with other male and female prior to the day on which the crime was committed by ordinary victims and his family members, the crime appears to have been committed by contingently; and (e) other various kinds of sentencing grounds as shown in the arguments of this case, such as the defendant's health status, age, character and behavior, character and environment, intelligence and environment, family relationship, motive, means and consequence of the crime; and (e) sentencing guidelines [the crime group, intimidation, type of crime, basic area, scope of recommendations: imprisonment with prison labor for April -1].

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