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(영문) 대구지방법원 서부지원 2016.08.19 2010고단622 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Crimes against Victim C: In around 05:30 on December 27, 2009, the injured Defendant: around 05:30 on the part of the victim C (42 tax) located in Seo-gu, Daegu-gu, Seo-gu, Seoul-gu, as a matter of drinking alcohol after drinking alcohol, was slicking the victim's breath while drinking and drinking, and boomed the victim's breath, and carried out approximately 2 weeks of treatment.

2. Crimes against victim F;

A. Special intimidation: (a) the Defendant heard from the victim F (C) at the same time, at the same time and place; (b) knife the knife, which is a dangerous object in the knife in which the knife was located; and (c) threatened the victim with the knife’s knife and the knife’s knife towards the victim.

B. In the same date, at the same place, the injured Defendant continued to drink the part of the injured victim’s entrance to drink once, and had the victim knife by hand, and had the head and the bridge part on drinking, and had the victim undergo approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. F statement made to the defendant in the protocol of interrogation of the suspect against the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate);

1. Articles 284, 283 (1), and 257 (1) of the Criminal Act and the choice of imprisonment for a crime;

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

1. Article 62(1) of the Criminal Act on the suspended execution (Article 62(1) of the Criminal Act (Article 62(1) of the Victim C, and Article 62(1) of the Victim F does not want the Defendant’s punishment, and Article 62(1) of the Victim F suffers from

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

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