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(영문) 대구지방법원 서부지원 2018.06.19 2017고단2140
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On November 3, 2017, the Defendant threatened the victim D and E at the entrance of the building in the Daegu-gun District Co., Ltd. around 21:50 on November 3, 2017, on the ground that the victim and E do not hear the horses of the Defendant, the Defendant threatened the Defendant by bringing a saw (30 cm in length, No. 1 of the No. 30cm in length, No. 1 of the No. 3251) at a dangerous place in the place of fire due to the victim and E not hearing the horses of the Defendant.

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

Summary of Evidence

"2017 Highest 3251"

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. Photographs of seized articles;

1. Application of statutes on records of seizure and lists of seizure;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: A favorable circumstance in which the defendant committed the crime of this case even though there are many records of punishment due to acts of violence, such as injury, etc., and the means and contents of intimidation are highly likely to be subject to criticism: The defendant has become aware of and against his mistake in this court; the victim does not want the punishment against the defendant; the defendant's age, sexual behavior, environment, motive, means and consequence of the crime; the defendant's motive, means and consequence of the crime; the punishment should be determined as ordered by taking into account all the factors such as the circumstances after the crime, family relation, etc.

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