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(영문) 대구지방법원 2015.03.26 2014고단6303
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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

1. On October 8, 2014, at around 21:25, the Defendant: (a) stated that the victim E (55 years of age) was “I am soon closed.” on the ground that the victim E (55 years of age) said D was “I am soon closed.” on the front day of the above day, the Defendant expressed that “I am son’s own victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s kbb

2. The Defendant, in violation of the Punishment of Violence, etc. Act (a collective weapon, etc.) continued to inflict a bodily injury on the victim E, who was in front of the said victim E, and threatened the victim by saying, “The above victim E, who was in front of the said time and place, shall be deemed to have been at the same time and place, to have been at a dangerous object.”

Summary of Evidence

1. The defendant's partial statement in court (the second and third trial date);

1. Legal statement of witness E;

1. The protocol of statement of the police about D (as it is recognized that D was made in a particularly reliable state, the admissibility of evidence is recognized).

1. Attachment of a photograph of the criminal intent and arrest of the offender;

1. According to the above adopted evidence, such as the victim E’s consistent statement of witness E, witness D’s police statement, video image and diagnosis document, etc., it is sufficiently recognized that the defendant inflicts bodily injury on the victim as in the judgment of the court, and intimidation the victim as a dangerous object is sufficiently recognized in the application of the law.

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 former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); and Article 283(1) of the Criminal Act (the point of intimidation to carry dangerous articles) of the Criminal Act;

1. The Criminal Act among concurrent crimes.

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