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(영문) 대구지방법원 김천지원 2015.01.28 2012고단152
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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 December 7, 2011, the Defendant: (a) around 21:30 on December 21, 201, the Defendant: (b) performed drinking together with the victim D (the 29-year old), who is a vessel of the Defendant’s house located in the Gumi-si 205, and the victim E (the 34-year old-age), who is a woman living together with the victim E (the 34-year old-age), and (c) took a knife (the total length, 34 cm, 22 cm) with a dangerous thing in the kitchen on the ground that the victim D has an opportunity to display his/her usual baby, and knife the victim D’s face, and followed the victim D’s face, and followed the victim D’s knife and the knife with the victim’s knife, as the victim D’s face.

Accordingly, the defendant carried a knife, which is a dangerous thing, and threatened victims.

2. On December 7, 2011, at around 23:45, the Defendant, at around 23:45 on the same day as the statement in the preceding paragraph, carried out the following: (a) the victims mentioned in the preceding paragraph set forth in the preceding paragraph set forth in the Defendant’s house were the victim D’s house located at the Defendant’s house and the Defendant at the victim D’s house located at the time when the Defendant was damaged, and (b) the knifeed the knife that the knife was sealed into a newspaper.

Accordingly, the defendant carried a knife, which is a dangerous thing, and threatened the victim D.

Summary of Evidence

1. Court statement of the defendant (the date on which the eighth trial is made);

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and investigation reports;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The fact that there is a past record of serving multiple sentence due to the means and methods of committing the crime for sentencing under Article 48(1)1 of the Criminal Act, the risk of using violent crimes, etc.

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