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(영문) 대구지방법원 2015.08.18 2014고단5991
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

The defendant is a daily worker, and the victim C(51) is a neighbor who lives in the side of the defendant.

At around 02:00 on November 7, 2014, the Defendant: (a) opened a victim’s house window before the victim’s house located in Daegu-gu Dong-gu, Daegu-gu; and (b) told the victim that “I am, am inside, and come to sit at the house, and I am am able to do so.”

Therefore, the victim's defect "I am k'," and the defendant stated that he kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't k't k'

Then, the victim got frighten and fleded, and the defendant continued to see the victim's 's knick' and her knick, and her knicked about 100 meters.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing blades;

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. Reasons for sentencing under Article 48(1)1 of the Criminal Act for the crime of intimidation [the scope of recommendation] / [the area of mitigation (4 to 1 year), the area of mitigation (4 to 1 year) of punishment [the person who has been specially mitigated] [the decision of sentence] that the defendant threatened the victim with dangerous articles despite the same military force. However, there is no additional damage due to intimidation, but the victim does not want the punishment, the fact that the defendant is divided and against others, and the motive, circumstance, means and method of the crime of this case, circumstances before and after the crime, and the age of the defendant as shown in the argument of this case.

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