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(영문) 대구지방법원 서부지원 2015.06.11 2015고단217
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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 17:10 on February 1, 2015, the Defendant saw the front way of the Daegu-gu CDMat in a more brush while drunk, and frighted with a light knife at the lower end. On the ground that the Defendant fashed the above knife, which is an object dangerous on the chest side of the victim E (the age of 55) who was a building on the crosswalk, and fashed with the road, the Defendant f (the age of 49) who continued to walked on the road, and fashed the knife and knife the knife, knife the knife and knife the knife.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Crimes, Article 2 (1) 1 of the Criminal Act, Article 283 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is 20 times or more of punishment due to violent crimes, etc., and in particular, after being sentenced to a suspended sentence of imprisonment with prison labor for the immediately preceding crime, the Defendant’s criminal liability is heavy in that he/she committed the instant crime during the suspended sentence period.

However, the fact that the defendant led to the confession of the crime and reflects in depth, the damage caused by the crime of this case is minor, the victim was not punished against the defendant, and the alcohol existence of the defendant appears to be an important reason for the crime of this case. The family of the defendant is receiving treatment by hospitaling the defendant at a mental hospital. In addition, all the sentencing conditions of the crime of this case, including the defendant's age, character and conduct, environment, motive and circumstance of the crime, relationship with the victim, circumstance after the crime, etc., are taken into account.

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