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(영문) 대구지방법원 김천지원 2015.01.15 2014고단1327
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2012, the Defendant paid 730,000 won to the victim B (the age of 33) in the name of traffic accident agreement, but decided to handle the insurance, and then returned it to the victim, but the victim did not return it.

The defendant, who did not return the above agreed amount, had the victim fright to get back the above 7.30 thousand won.

At around 12:00 on November 1, 2014, the Defendant used a knife (26cm in blades, 36cm in total length) that is a dangerous object used in the office of the Defendant located in the place of the above office located in the Gumi-si, the Defendant expressed the knife and expressed the knife in knife to the victim, as if the victim did not return the agreed amount to the victim.

Accordingly, the defendant carried a dangerous weapon, and threatened the victim with a dangerous weapon.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning B;

1. A criminal investigation report (or a relative investigation of the victim), a criminal investigation report (Attachment to a field photograph);

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (limited to extremely poor character of the crime, but considering the attitude that the crime was committed immediately after the commission of the crime, the fact that the victim agreed smoothly with the victim, the confession of the crime and the violation, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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