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(영문) 대구지방법원 2015.10.22 2015고단3939
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim B (n, 26 years of age) and the husband and wife.

On August 4, 2015, around 19:15, at the home of the defendant in Daegu-gu C, the defendant has a verbal dispute with the victim.

The victim took two excessive steps, which is a dangerous object in the main room for the reason that the victim's divorce is defective (30 cm in total length, 17 cm in daily length) as his hand, and the above victim took an attitude that "I am scarbly dead, scarbly dead, scarbly dead, and scarbly died...........................................

The defendant carried the excessive amount of dangerous articles, and threatened the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of each statute on photographs;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing in the proviso of Article 62-2(1) and (2) of the Probation Criminal Act is that the crime was committed in this case where the victims are threatened with dangerous articles, and the nature of the crime is highly dangerous, and the defendant is involved in the crime in this case, and the defendant has made an agreement with the victim B, it is contingent, and there is no criminal conviction against the defendant, and it is determined as ordered by the order in consideration of all the sentencing conditions, such as the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and consequence, etc.

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