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(영문) 대구지방법원 2015.06.18 2015고단1603
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the relationship between the victim B (n, 21 years of age) and the victim B.

On January 18, 2015, at around 03:40, the Defendant: (a) 205 of the D Building D Building 205, living with the victim in Daegu-gu C, and (b) rancing a dispute with the victim on the ground that the victim had drinking alcohol and delayed, and (c) putting the victim at his hand a deadly weapon (30cm in total length), which was a deadly weapon in the front bank, and threatened the victim with “the same dead person”.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of statutes on field photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommendation] The mitigated area (4 to 1 year), the mitigated area (4 to 1 year), the mitigated area (including serious efforts to recover damage), or the restoration of considerable damage (the decision of sentence] the risk of the instant crime, but the victim expressed his/her intent not to have the criminal punishment against the defendant by mutual consent with the victim, the defendant has divided his/her mistake while committing the instant crime. The defendant has no criminal record beyond the fine, the defendant's age, character and conduct, environment, motive or circumstance of the instant crime, means and consequence, the circumstances after committing the crime, etc. shall be determined as the same as the decision of the court in consideration of all the sentencing conditions.

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