(영문) 대구지방법원 김천지원 2013.11.06 2013고단1102

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(영문) 대구지방법원 김천지원 2013.11.06 2013고단1102

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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

On July 6, 2013, at around 01:0, the Defendant moved to the mother of the Defendant on the alley road in the C (33 years of age) who was on board the said vehicle, and went to the house. However, upon the victim C (33 years of age) who was on board the said vehicle to find it to the said house and request repair, the Defendant was in excess (23 cm in total length, 12 cm in length) of dangerous articles in the house at around 01:30 on the same day, and the Defendant was in the house of the victim No. 504 (50m in length), and was found to have knife the said knife in the front of the said house, and took part in the body knife in the victim’s house in front of the said house, and took part in the body knife and took part in the victim’s knife to the victim’s family by threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. A criminal investigation report (to hear statements from a victim and report);

1. Application of Acts and subordinate statutes to blade photographs and 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. 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 following: (a) the nature of the Defendant’s crime is good in light of the means and circumstances of the crime committed for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act; and (b) the record of having been punished by a fine of one million won due to violence and obstruction of performance of official duties on November 23, 201; (c) the liability for the crime is not easy; (d) contingent crimes; (e) the victim agreed with the victim; (e) the victim does not want the punishment; (e) the Defendant suffered considerable damage due to the victim’s assault; (e) the Defendant suffered considerable damage due to the victim; and (e) the Defendant’s age, character and conduct, and environment, etc. are considered as favorable sentencing factors

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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