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(영문) 대전지방법원 홍성지원 2012.07.04 2012고단426
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On October 3, 2011, at around 23:40, the Defendant had the victim D (the age of 32) face one time in drinking, and had the victim walked three times in front of the Hongsung-gun, Hongsung-gun, for the following reasons:

Accordingly, the victim E (the 32-year old) who d and his her fested d and his fested, fested the Defendant’s desire to do so, and the Defendant driving away from the Defendant entered a F cafeteria located in the same Ri, and 2 knife (18cc in the knife length of the knife) and brue to the victims, and the victims threatened the victims.

Accordingly, the defendant carried a deadly weapon and threatened the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. The first police statement concerning E;

1. Each police statement related to G and H;

1. Photographs;

1. Requests for cooperation in investigation;

1. A criminal investigation report (general);

1. The application of Acts and subordinate statutes to investigation reports (record of reported matters);

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. Article 62 (1) of the Criminal Act (Consideration of the following grounds for sentencing, etc.);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, which was committed on probation, community service order, and lecture order, is a minor day related to the horses of the Defendant, and the victim 2 was placed in a nearby restaurant, and the crime of this case was committed with two knife and two knife, which is a dangerous object, and the crime was committed by intimidation. The Defendant already committed the crime of this case in the same kind of violent crime, and the Defendant committed the crime of this case at the same time, even though he had been punished for a fine and a suspended sentence for six times, and the Defendant made an agreement with the victims and then deducted the knife from the investigative agency.

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