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(영문) 대구지방법원 안동지원 2015.03.20 2014고단1070
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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 00:50 on September 21, 2014, the Defendant threatened the victim D (40 years of age) who was drinking in a c cafeteria to continue to talk with E and money in which the Defendant was seated, with the Defendant. On the ground that the victim D (40 years of age) who was seated in another table, fluencing in the C cafeteria continued to talk with the Defendant, the Defendant threatened the victim with the scencing disease, which is a dangerous object on the table, with the hand, with the scencing of the scened disease, and then scened the scened disease, with the scening of the scened disease, with the scening of the scened disease, with the scening of the other scened disease on the table, and threatened the victim with the scening of the 500CC bed.

Accordingly, the defendant threatened the victim by using dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of images of the crime);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the following favorable circumstances):

1. The reason for sentencing under Article 62 (1) of the Criminal Act ( repeatedly taking into account the following favorable circumstances):

1. The scope of punishment by law: Imprisonment for not less than six months but not more than fifteen years;

2. Scope of recommendations according to the sentencing guidelines (decision of types of punishment), types 4 (Habitual, Cumulative, and Special Intimidation) from among violent crimes, and intimidations (Special Aggravations) (Scope of Recommendations) and no penalty shall be imposed (Scope of Recommendations) (where they are mitigated) for not less than four months but not more than one year;

3. Determination of sentence: The crime of this case 1 year of suspended sentence in six months of imprisonment is a threat to the interest of the victim of a shoulder glass disease, which is a dangerous object of the defendant, although the nature of the crime is very high, the defendant has led to the confession and reflect of all of the crimes of this case, and the defendant seems to have committed a failure under the influence of alcohol to the victim first at the time of the crime of this case.

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