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(영문) 대구지방법원 2015.02.05 2014고단4536
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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

1. Around 12:00 on June 25, 2014, the Defendant: (a) provided two meals with the Defendant’s daily activities at “Ecafeteria” operated by the victim D(61) located in Daegu Dong-gu, Daegu; (b) left the restaurant first; (c) provided other customers who provided meals at the restaurant with a large interest; (d) went out of the restaurant, and (e) went out of the restaurant, the Defendant took a defect in whether the said restaurant was defective; and (e) went out of the restaurant, and (e) took out the knick, a lethal weapon, which was a deadly weapon located in the Defendant’s bank (20cm in length), thereby threatening the victim by threateninging the victim “Is knick, but is off, hick.”

2. The Defendant, at the time and place indicated in the above paragraph 1 above, expressed the other customers the desire to “spawn.” without any reason as stated in the above paragraph 1, and took the victim’s removal from the victim D, and expressed the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles) and Article 314 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] There is no basic area (6 to 1.6 months) of the crimes of intimidation (Habitual, Habitual, and Special Intimidation) (6 months) [decision of sentence] under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 200Do4148, Apr. 1, 2006]

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