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(영문) 대구지방법원 포항지원 2013.05.16 2012고단1474
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 3, 2009, the defendant was sentenced to a suspended sentence of two years and six months for special robbery by the Daegu High Court, and the suspended sentence of the execution becomes final and conclusive on the 11st of the same month.

At around 22:00 on August 10, 2012, the Defendant: (a) brought a disturbance, such as taking a bath to C, on the ground that C, an employee of the Defendant, did not sell alcoholic beverages on credit; (b) returned to C, but on the same day, the Defendant left the house at around 22:30 on the same day as he did not so; (c) found C, a dangerous object in the house at around 22:30 on the same day, and (d) found C, the husband of the above C, who was the husband of the above C, as the above excessive amount, led D, who was the victim of the victim, was the husband of the said C, to put C into the said excessive amount, and took a view that the latter would inflict bodily harm on the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Report on investigation (the investigation of deadly weapons in possession of a suspect);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to crimes and investigation experience data inquiry and investigation reports (Attachment of judgment);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a record of being punished several times for the same type of crime. In particular, the Defendant committed the instant crime without being aware of the fact that he was under probation due to the first head of the judgment that became final and conclusive, even though he was under probation.

In light of the circumstances leading to the crime such as excessive possession of dangerous objects and intimidation of the victim, etc., or the method of crime, it is not good that the criminal defendant is not subject to punishment.

Until now, the defendant has not received a letter from the victim.

Comprehensively taking account of all these circumstances, the Defendant.

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