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(영문) 대구지방법원 영덕지원 2014.06.11 2014고단45
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around December 19:10 on December 6, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (collective intimidation, deadly weapons, etc.) extracted a knife, which is a dangerous object that the victim D (the age of 52) planned by the Defendant, without giving the Defendant an opportunity to explain the “E” planned by the Defendant, and led to another village, from a restaurant of “C” located in Chungcheongnam-gun-gun, Chungcheongnam-gun, U.S. (the age of 52) to take a knife, a knife (the total length of 80 cm, 54 cm) (No. 1), and threatened the victim, stating, “N shall be the death.”

2. On May 21, 2007, the Defendant violated the Control of Firearms, Swords, Explosives, etc. Act was granted permission to possess the above swords by the chief of the Ulsan Police Station.

A person who is permitted to possess a swords shall not use such swords unless the permitted purpose of use or any justifiable ground exists.

Nevertheless, the defendant used the above swords at the above time and place for the purpose other than training purpose, which is permitted by the above use.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police interrogation protocol of the accused (including the statement No. 2 in D) (including the statement in D);

1. Each police statement concerning G and D;

1. A general list of seized articles and a police seizure report;

1. Application of Acts and subordinate statutes to investigation reports (including photographs attached thereto), internal investigation reports (including photographs attached thereto), and internal investigation reports (including photographs attached thereto);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 283 (1) of the Criminal Act, Article 73 subparagraph 1 of the Control of Firearms, Swords, Explosives, etc. Act, and Articles 17 (2) of the Control of Firearms, Swords, Explosives, etc. Act (the use for any purpose other than the permitted purpose);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Punishment of Violences, etc. which has heavier penalty shall be imposed);

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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