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(영문) 대구지방법원 김천지원 2013.09.12 2013고단831
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, at around 17:00 on July 4, 2013, driven a B Lone Star vehicle and proceeded to the port-let in front of the Kimcheon-si Kimcheon-si, in front of the port-based Kimcheon-si, with the same navigation distance, was unable to stop the victim from driving the said port-based vehicle on the ground that the victim D (the age of 42) who driven the said port-based vehicle and driven the said port-based vehicle was followed by the Gap himself, making it difficult for the Defendant to stop the victim from driving the vehicle on the front side of the said port-based vehicle according to the victim’s vehicle.

While the Defendant, while getting off his own vehicle, told the victim that “patch, fat, will throw away knife after knife,” and made an excessive 1 knife (20cm in total length, 10cm in knife length) (10cm in knife length) which is a dangerous object stored in his/her vehicle, and threatened the victim with “pather knife shall have no knife,” which means “patch shall have no knife.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on internal investigation reports (referring to the attachment of site and excessive 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for the sentencing of Article 62(1) of the Criminal Act (the second sentence which is advantageous to the reasons for sentencing) (the second sentence) of the suspended sentence (the second sentence) is inconsistent with the lower limit of the applicable sentencing under the law, as it is inconsistent with the following: (a) the reason for the sentencing [decision of the type] of intimidation, repeated crime, special intimidation (special supposed persons): the scope of the mitigated sentence; (b) the scope of the mitigated sentence; (c) the scope of the mitigated sentence; (d) the period from four months to one year [general supposed persons] of the imprisonment; and (e) the reduced sentence is inconsistent

[Suspension of Execution] - Major illegal reference reasons: When a person commits a crime by carrying a deadly weapon or other dangerous articles.

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