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(영문) 대구지방법원 김천지원 2012.09.26 2012고단665
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On August 12, 2012, at least 1:40 on August 12, 2012, the injured Defendant saw the victim C (at 44 years of age) who f, singing-sing-sing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-sing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-sing-ing-ing-ing-ing-ing-ing-ing-ing-sing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-ing-sing-ing-ing-ing-sing-ing-ing-ing-ing-ing-ing-sing-ing-ing-

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) broken the beer’s disease on the table and at the same time and place as set forth in paragraph (1), followed the victim’s left hand, and told him/her to take the beer’s disease, which is a dangerous object, and boomed the victim’s face, and threatened the beer’s disease, which is a dangerous object, with the victim’s face.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Damage situations and photographs of victims;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the crime, Article 257 (1) of the same Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 32(1)1 and 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Orders - Basic Areas for Special Intimidation: From six months to one year and six months: Handling multiple crimes: 6 months: 1/2 of the upper limit of the scope of sentence in general injury (from April to June) in the basic areas of general injury (from January to June) in March 1 to September 2; - Grounds for adverse consideration as to whether the suspension of execution is suspended: Major (a crime carried with dangerous goods) and general damage.

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