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(영문) 대구지방법원 김천지원 2013.08.21 2013고단531
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

1. On March 22, 2013, around 09:10 on March 22, 2013, the Defendant: (a) went back from the stairs front of the house of the victim D (the age of 22) located in the Gu, Si, U.S., C, 306, the Defendant invadedd the victim’s residence by using the cresh of the cresh in order to get out of the house while the victim was waiting to go out of the house; and (b) the victim was waiting to go out of the house.

2. The Defendant violated the Punishment of Violence, etc. Act (collective assault, deadly weapon, etc.) temporarily and at a place specified in Paragraph (1) as above, and took place a knife a knife (23 cm in knife length, 36.5 cm in knife in knife in knife) with the victim’s visual part, so that the victim’s knife knife knife knife knife knife knife knife knife knife and knife knife knife kn

Accordingly, the defendant carried a knife, which is a dangerous thing, and threatened the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the reason for sentencing under Article 48(1)1 of the Criminal Act (hereinafter referred to as the “Confiscation”), after intrusion upon the victim’s residence, intimidation the victim with a deadly weapon, the following circumstances are taken into account: (a) the victim’s agreement with the victim and the victim does not want the victim’s punishment; (b) the victim does not have any history of the suspended sentence or heavier punishment;

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