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(영문) 대전지방법원 2015.09.04 2015고단1962
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 17:00 on May 6, 2015, the injured Defendant: (a) placed the string of the ice lease containing the victim, with the victim, on the ground that the Defendant, who is the husband of the Defendant in the Daejeon Pungdong-gu C, and the victim E (n.e., 56 years of age), are attending the restaurant at the “F restaurant,” where the Defendant was in the same operation, and carried out a string of the string in which the victim and the victim, who is the husband of the Defendant in the Daejeon Pungdong-gu-gu, was in a trouble with the victim, and carried out a string of the string lease containing the victim’s arms for about two weeks.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) committed a knife and knife, which caused an knife to the victim E for the said reasons at a time and place specified in paragraph (1) and at a time, and threatened the victim with the knife, which is an object dangerous to the victim’s face, with the knife, knife the knife, which is the object dangerous to the victim’

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act (the point of intimidation to carry dangerous articles) of the same Act concerning criminal facts;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. Where the extent of intimidation is minor in the area of special mitigation (two to one year), (two-one year) of Category IV (Habitual Cumulative Offense, Special Intimidation) of the Act on the Suspension of Execution, Article 62(1) of the Criminal Act on the grounds of the sentencing of Article 62(1) of the Act on the Suspension of Execution, the extent of the final sentence due to the special mitigation (one month to one year) [the scope of the recommendation] and the special mitigation area (one month to one year) [the special mitigation area], the scope of the punishment due to the aggravation of the majority who are not subject to punishment: February to one year [the decision of the sentence], and the defendant acknowledges and reflects all mistakes.

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