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(영문) 대구지방법원 서부지원 2014.08.08 2014고단788
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

피고인은 2014. 3. 9. 오후경 피해자의 시아버지인 B이 동네 사람들에게 “피고인 때문에 논을 비싸게 주고 샀다.”라고 말을 하고 다니는 것을 따지기 위해 위 B을 찾아갔다가 B으로부터 “병신 같은게”라는 말을 듣고 화가나 있었다.

At around 21:30 on the same day, the Defendant found the victim D (V, 35 years of age) who spawn in the above B of the Sung-gun, Sung-gun, Seongbuk-gun, Gyeong-gun, to drink in a restaurant, and the victim spawndddddddd the victim, saying, “Isn's father and Mason, even if Isn's father and Mason, Is his superior.” who had prepared in advance, “Isn't get off the empty spad, Isn's own ship by cutting the empty spad's disease on the floor and cutting it off with his head and mad with the empty spad's disease in that place.

The defendant continued to use a knife (30cm in knife length) which is a dangerous object at the place where the victim escaped, followed by the victim of the above restaurant, and the victim said that "the knife knife knife knife knife knife knife" is "the knife

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes, such as site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1) (i.e., Supreme Court Decision 2006Da1320, Jan. 1,

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