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(영문) 대구지방법원 서부지원 2014.05.23 2013고단1486
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 28, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of intimidation, etc. (Intimidation of collective groups, deadly weapons, etc.) in the Western District Court Branch of the Daegu District Court on April 28, 201, and completed the execution of the sentence in the Daegu Prison on February 21, 2013

At around 19:10 on August 11, 2013, the Defendant, at his own house located in Seogugu, Seo-gu, (hereinafter “Seoul”), she saw that “the victim D (n'e, 40 years of age) was boomed rapidly,” and dumpeded the Defendant’s flab, and flabed the Defendant’s flab, which was on the part of the Defendant’s back, and flabed on the part of the Defendant’s back, and flabed the Defendant’s back, “only flabed the Defendant’s back, flab, and flabed the Defendant’s back.”

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Examination protocol of police suspect regarding D;

1. Previous convictions in judgment: Criminal records, investigation reports (formers and confirmations of suspects A), copies of written judgments, and application of Acts and subordinate statutes concerning personal identification and confinement status;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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