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(영문) 대구지방법원 2013.06.13 2013고단2804
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. Around 00:30 on February 3, 2013, Defendant A violated the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.), the Defendant threatened the victim B (the age of 36) and drinking alcohol in the Daegu-gu dong-gu C D restaurant, Daegu-gu, with a view to drinking alcohol, with the victim’s face at the victim’s face. On the other hand, Defendant A’s kitchen (the total length of 36 cm, 23 cm), which is a dangerous object in the above restaurant, was able to take a large amount of the kitchen, and threatened the victim by threatening the victim.

2. The Defendants jointly assaulted the Defendants in violation of the Punishment of Violences, etc. Act (joint injury) and inflicted injury upon the victims E (the age of 46) in the same time and at the same time on the ground that the victims E (the age of 46) fights the Defendants’ face, making the victim’s face teared, and making the victim’s face teared so that they can tear, and bread.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E;

1. A report on the case of violence, exposure to the site and moving to the site;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to deadly weapons photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Article 283(1) of the Criminal Act; Article 2(2) of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act (the point of joint injury and the choice of imprisonment)

(b) Defendant B: Article 2(2) of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury and the choice of imprisonment)

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Code for the suspension of execution (the favorable circumstances among the reasons for the suspension of execution) include not only the sentence of suspension of execution due to the same kind of crime in 2009, but also the crime of this case may be committed. Defendant B also has committed the crime of this case even though there are a majority of the penalties of the fine, so it is necessary to strictly punish the Defendants.

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