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(영문) 대구지방법원 2013.07.18 2013고단3232
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 28, 2013, at around 17:50, the Defendant threatened the victims with the victim C (the age of 31) who had livedd with himself before the forest park located in the Sinsan-si (the age of 43) in front of the Sinsan-si, with the victim C (the age of 43) who is hedging with himself and living together with him and her, and caused the knife (the blade length of 21 cm, the total length of 35 cm) which is a dangerous object from the Defendant’s home, and led the victims to the knife, and caused the death of the knife by the knife, the knife B in which the knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant threatened victims by carrying dangerous articles, and assaulted B.

Summary of Evidence

1. Defendant's legal statement;

1. Part C of the protocol of interrogation of the accused by the prosecution

1. The police statement concerning B;

1. Seizure records;

1. Application of Acts and subordinate statutes to the investigation report;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning the Punishment of Violences, etc.;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, in which the defendant carried dangerous articles and assaults the victims and assaults the victims B. However, the liability for the crime is not minor, but there is no significant result such as when the defendant committed the crime, injury to the victims, etc., and there is another criminal record other than the criminal record for which the defendant had no same criminal record and for which a fine has been imposed once.

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