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(영문) 대구지방법원 안동지원 2014.09.19 2014고단400
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

Punishment of the crime

At around 00:20 on May 10, 2014, the Defendant, while under the influence of the influence of six at a permanent city, engaged in an incidental behavior by inserting the measuring instruments installed therein for landscaping, such as crime prevention, etc., from the victim B (the age of 49) who appeared to have observed that “dwarf was damaged,” the Defendant threatened the victim, “I would like to see why I would like to see,” and “I would like to see why I would like to see,” and “I would like to see, I would like to threaten I would like to see,” and “I would threaten I would like to see, I would like to see, e.g., whether I would like to kill, and to see, I would like to see, e.g., the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the investigation report;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The sentence is set in consideration of all the conditions stipulated in Article 51 of the Criminal Act, such as the following: (a) the mitigation area (4 to 1 year), the mitigation area (4 to 1 year), the mitigation area (including serious efforts to recover damage), the exemption area (including special mitigation), or the Defendant’s voluntary efforts to recover damage) or considerable damage (in light of the Defendant’s attitude of intimidation, the Defendant’s criminal liability cannot be deemed to be less severe; (b) the Defendant appears to recognize and reflect his/her mistake; and (c) the Defendant agreed with the victim.

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