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(영문) 대구지방법원 상주지원 2014.11.25 2014고단518
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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

At around 13:40 on October 10, 2014, the Defendant: (a) took a bath at the E-cafeteria operated by the victim D (A, 63 years old); (b) took a bath at the victim’s end, the Defendant: (c) took a bath at the victim’s end, saying, “Is the cigarette wring,” and (d) took a bath at the victim’s end, “Is the cigarette wring,” and (e) took a kitchen (20cm in length, which is a dangerous thing in the kitchen; and (e) took a part of the victim’s knife with the victim’s neck, and threatened the victim by “Is this hing, dead,” and “Is the victim’s knife”.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the first and second police statement Acts and subordinate statutes to D;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] There is no basic area (6 to 1 year and 6 months) (limited to the scope modified by the scope of the punishment) of types 4 (Habitual Habitual Offense, Intimidation), the basic area (6 months and 1 months) (limited to the person subject to special punishment) [the scope revised by the scope of the punishment] from 1 to 1 year and 6 months [the decision of the sentence] of the defendant has a record of having been sentenced to criminal punishment for the same kind of offense in around 2004, but there is no record of criminal punishment other than a fine imposed once for the last nine years, and the defendant's age, character and behavior and environment, motive, means and consequence of the crime, circumstances after the crime, etc.

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