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(영문) 대구지방법원 2015.10.15 2015고단4258
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:40 on June 30, 2015, the Defendant received wages from the victim C (V, 56 years of age) in Daegu Dong-gu, Daegu-gu, and provided alcohol at the F restaurant in its neighboring area, and appealed with smaller wage amount. At around 18:20 on the same day, the Defendant sought again with the knife knife knife, which was “hazardous things” in front of the above restaurant.

The Defendant, without any particular reason, threatened the above E with the knife of the victim’s knife and the knife of the victim’s knife.”

Accordingly, the Defendant carried a “hazardous thing” and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigated area (4 to 1 year), the mitigated area (4 to 1 year), the mitigated area (including a person who has been subject to special mitigation), the punishment not (including a serious effort to recover damage) or considerable damage (the decision of sentence] the Defendant’s liability is not easy. However, the Defendant’s liability is not easy to repent and reflect his mistake, the Defendant has no criminal record of suspended sentence or more, the Defendant has agreed to do so, the motive, method and method of the instant crime, the circumstances before and after the instant crime, and the age, character and behavior, career, environment, etc. of the Defendant as shown in the arguments of this case.

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