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(영문) 대구지방법원 2014.11.06 2014고단3138
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. Around 14:00 on March 26, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) brought about a dispute with the victim D (37 years of age) who is an employee of the company in charge of the facility management of the said building due to the payment of management expenses from the parking lot of the first floor of the building of the Daegu Suwon-gu C building, and threatened the victim with a lick (30 mm in length) which is an object dangerous to the Defendant’s office on his/her hand when he/she turns out with his/her hand, and entered the Defendant’s office on his/her hand, and threatened the victim as if he/she was in his/her hand, with his/her her flabbbbb and flabing the victim’s head.

2. In the same date, at the same place, the injured defendant set up against the Defendant, as seen above, that he would have been scleeping, and the victim left by having the Defendant scleeped one time with his left hand and set the above sclocks on the floor, and then, he was inflicted an injury on the victim, such as clocks, which requires approximately two weeks of treatment on the part of the victim by walking the victim’s bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution (written examination of suspect regarding D once);

1. A written diagnosis of injury;

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

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 62-2 of the Criminal Act of the community service order;

1. Class 1 crime in the sentencing guidelines [Scope of Recommendation] and Class 4 (Habitual Offense, Cumulative Intimidation, Special Intimidation) are the basic sphere (six months to one year and six months) (special person) (the scope of Recommendation).

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