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(영문) 대구지방법원 서부지원 2014.10.27 2014고단1368
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for 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

On August 2014, 2014, the Defendant: (a) tried to park on the alleyway in Seo-gu, Daegu, Daegu, on the grounds that it is difficult to park due to the vehicle of the victim C(35 years of age) while the Defendant was parked, and (b) the Defendant, who is the form of the Defendant, left the victim C’s blaps by combining it.

As the victim E, who is the mother of the victim C, f1 years old, f1 years old, f1 years old, D brought the victim E to the middle of the defendant and the victim, D brought the victim E's losses, and the defendant frighted the victim.

The defendant continued to enter the house in which the victims occur, shaking the head debt of the victim C, drinking the victim, and went to his own house.

Accordingly, the victims came into the victims' house, and the defendant took a knife knife (30cm in length) which is a deadly weapon in the defendant's house, and raised the victims' house door to the victim's house and "I am as soon as possible" as they might inflict harm on the victims.

As a result, the defendant assaulted the victim C in conjunction with D, and inflicted an injury on the victim E, such as crypt salt, which requires a treatment period of about 14 days, and threatened the victims with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 2 (1) (the point of joint injury and the choice of imprisonment), Article 257 (1) of the Criminal Act (the point of joint injury and the choice of imprisonment), Articles 2 (2) and 1 subparagraph 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence and the choice of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;

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