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(영문) 대전지방법원 천안지원 2016.08.19 2013고단603
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The punishment of the accused shall be set forth in six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 22, 2013, the Defendant drinked and delayed drinking from the victim E, a farm manager, at a D restaurant located in Asia-si, Asan-si on April 22, 2013.

Along with the kitchen knife, which is a kitchen dangerous object of view of sight, the victim was threatened by driving away the knife with the knife at one time and by acting as the driver of the knife with the knife at the same time as the knife would inflict harm on the body of the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of victims of E, and a written statement of witnesses of F;

1. A protocol of seizure and a list of seizure;

1. Field photographs, criminal deadly weapons, photographs, etc.;

1. The application of Acts and subordinate statutes to a investigative report (referring to a report on the hearing of the F statements of wood shots);

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [Types of Determination] Crimes of Intimidation [Determination of Type] 4 (Habitual, Cumulative, and Special Intimidation) basic area [Determination of the recommended area] [Scope of the recommended sentence] 6 months to 1 year and 6 months [main reasons for suspended execution] - Where a person commits a crime by carrying a deadly weapon or other dangerous articles with him/her / There is no positive record of criminal punishment - No record of criminal punishment (general reason for suspended execution] - No effort to recover negative damage / There is no positive contingent crime, no criminal record of suspended execution or more.

2. Determination of sentence: (a) the type and risk of the instant crime; (b) the Defendant’s age, sexual conduct, environment, and details of the instant crime; and (c) the sentence as ordered, shall be determined by comprehensively taking account of the various circumstances shown at the instant trial.

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