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(영문) 대구지방법원 경주지원 2016.02.03 2015고단732
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:55 on July 14, 2015, the Defendant paid the drinking value to the victim C, an employee, who was demanded by the victim C to pay the drinking value, without paying the drinking value at the drinking house located in B, and paid the drinking value to the victim who was in the home, and she cut off the knife knife (6.5 cm on the knife) which is an object dangerous at the home, to the victim who was in the home.

Cr. Musgerger

"The victim threatened the victim".

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Investigation report (to attach photographs of a knife of seized articles);

1. Application of Acts and subordinate statutes on knives and photographs;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendation] The basic area (from June to January 1) of Article 48(1)4 types of intimidation crimes (the scope of habitual repeated crime, special intimidation) / [the decision of sentencing] the defendant uses a knife, which is a dangerous object, and threatens the victim. However, the defendant is only punished by imprisonment with prison labor, and there is no same record, and the defendant is against his age, sex, environment, motive, means and consequence of the crime of this case, and all other conditions of sentencing specified in the records of this case, such as the circumstances after the crime, shall be determined as the order.

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