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(영문) 대구지방법원 상주지원 2014.07.15 2014고단82
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 14:00 on December 29, 2013, the Defendant, while staying at the side of the D orchard located in C, had been engaged in the work of breaking down posts by using the strings, and had been threatened with the victim E (the age of 41) who was found the Defendant, and the possession of the string trees in land due to the boundary of the land and the ownership of the string trees that were deep on the land, etc., during which the Defendant had a dispute, he saw the victim as his hand and expressed the victim the string, which is a dangerous thing that the strings and the strings are broken down at one time.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Photographs (No. 28 of the Investigation Records) [The defendant and his defense counsel cited the fluority of the defendant, but the defendant's possession of the fluority regardless of the intimidation in this case. However, the following circumstances, which may be acknowledged by the evidence of each of the above mentioned evidence, are the following circumstances: the victim, from the investigation agency to the court, consistently stated that the defendant was fluording the victim, as the defendant would be fluoring the victim, and the defendant's fluoring of the fluorily fluoring the victim, and the defendant's fluoring of the fluorily fluoring of the victim (see, e., the witness E's legal statement). In full view of the fact that the defendant's fluoring of a dangerous article

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] of the suspended sentence under Article 62(1) of the Criminal Act has no basic area (6-1-6 months) (6-1-6 months) (the decision of sentencing] (the decision of sentencing) of the basic area (6-1-6 months), and there is no history of criminal punishment against the defendant.

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