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(영문) 대전지방법원 2015.07.08 2015고단1494
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

Criminal facts

On November 26, 2012, the Defendant was a person who had been sentenced to a suspended sentence of one year in the sixth month of imprisonment with prison labor by the Daejeon District Court on November 26, 2012 and was divorced from C (the age of forty-two).

On April 3, 2015, the Defendant, at around 22:00, 413, Da apartment E-dong 413, Seo-gu, Daejeon, Seo-gu, Daejeon, had a disturbance, such as the vehicle of the Defendant, walked with C, and the victim E (Nam, 19 years of age) who is the Defendant’s child, controlled by the Defendant, who is a deadly weapon in the kitchen (11cm in the length of the blade). The Defendant sound “the same dead person” with a knive weapon in the kitchen, who is a deadly weapon in the kitchen.

Accordingly, the defendant threatened E with dangerous things while carrying them.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in C and E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Where the reason for sentencing under Article 48(1) of the Confiscation Criminal Act (Scope of Recommendation) is the mitigated area (limited to four months of imprisonment or one year of repeated, repeated, or special intimidation), a person who is not subject to punishment (including a person who has been specially mitigated), or a person whose considerable damage has been restored [decision of sentence] in light of the form of the instant crime, the risk of the means, etc., and the fact that there is a heavy nature of the relevant crime in light of the form of the instant crime, the risk of the means, etc., and that there is a history of punishment such as suspended sentence for the same kind of crime committed by the Defendant against his family, which is disadvantageous to the

On the other hand, the fact that the defendant recognizes the crime of this case and again does not exercise violence against his family, and that the victim does not want the punishment of the defendant is favorable to the defendant.

In this context, the circumstances after the crime, age, occupation, character and behavior, environment, etc. of the defendant are integrated.

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