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(영문) 대구지방법원 2015.10.23 2015고단4287
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

The defendant is the victim B (math, 60 years of age) and the married couple, and the victim C (math, 28 years of age) are the married couple of the defendant.

On September 5, 2015, the Defendant: (a) around 01:10 on September 5, 2015, at the Defendant’s house located in Daegu D apartment, did not sleep and sing off and singing off, and sing off the Defendant’s singing, saying, “I am sing off to the token. I am sing off the token. I am sing off the token. I am sing off. I am am sing off. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am.) and knick (12 cm a day) which is an object dangerous to the Defendant’s hand, and knife B knife and knif I am. I am to the victim’s body with the victim’s left hand and knish I am. B with the victim’s hand.

The Defendant continued to report the situation of the victim C in the room and reported it to the victim C, “I had the knife knife knife knife knife knife knife knife knife knife knif

The Defendant carried with himself a knife that is a dangerous object, and threatened the victim B and C.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Application of Acts and subordinate statutes to the arrest and reporting of the occurrence of a case, and of knife photographs;

1. Relevant Articles 284 and 283 (1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment in accordance with Articles 283 of the Criminal Act;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the range of recommended punishment] shall be limited to the mitigated area (four months to one year), and the mitigated area (four months to one year) (each special mitigation person].

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