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(영문) 대구지방법원 안동지원 2015.03.24 2015고단83
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

1. On February 4, 2015, the Defendant requested the suspension of the business to the victim E (the age of 31) who is an assistant nurse working at a place to remove the copop of a female living together in a hospital located in C, which is permanently located in C, in order to remove the coop of the female living together in the relevant place.

이에 피해자가 ″휴지는 개인이 구입해 사용해야 한다“고 하는 말에 피고인은 화가 나 피해자에게 ″이 씹할 뭐 이런 병원이 다 있냐, 니 보지 냄비다, 나는 정신병자다, 나는 누구를 다치게 해도 괜찮다, 이따가 봐! 죽여 버리겠다”라고 말을 하여 피해자를 협박하였다.

2. Around 22:00 of the above day, the Defendant threatened the victim by stating that, at the entrance of the above D Heavy Hospital, the victim F (the victim was 15cm in total, 8cm in length, 8cm in day) was knife, and the victim was knife in front of the knife, the knife was pushed back, and the knife was then pushed back, and then the knife was knifeed, then the victim was knifeed, and then the knife was knifeed, the knife, knife, and knife."

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal accidents;

1. Relevant Article of the Criminal Act concerning the crime, Article 283 (1) of the Criminal Act that provides for the choice of punishment, Article 283 (1) of the Criminal Act that provides for the punishment of violence, etc., Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments of two crimes prescribed in the Act on the Punishment of Violences, etc. which is heavier than the punishment)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Confiscation Article 48(1) of the Criminal Act

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