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(영문) 대구지방법원 2014.05.22 2014고단1530
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Defendants shall be punished by imprisonment for ten months.

except that the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 1, 2013, the Defendants: (a) around 08:45 on October 1, 2013, on the grounds that the victim F (22 years of age) would be bad, and (b) the Defendants were forced to grow up, and (c) the victim’s body was boomed by drinking and drinking, and (d) the Defendant’s disease, which is a dangerous object, was threatened with the victim F.

The Defendants continued to show the face of the Victim G (22 years of age) who is working in the victim F, and Defendant B continued to take the face of the victim G (22 years of age), and the victim H (22 years of age) who is working in the victim F, and the victim H (the victim H (the victim H, the 22 years of age) was sealed, and the victim H was on the head of the victim H.

As a result, the Defendants conspired to threaten the victim F with an empty disease which is a dangerous object, assaulted the victims jointly, and assaulted the victims to the victim F, the victim F was at least 3 weeks of treatment, and the victim G was at least 4 weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the police investigation of suspect with regard to F;

1. Each statement made to G and H;

1. On-site reports and site photographs;

1. The application of Acts and subordinate statutes to medical certificates, injury medical certificates, and opinions;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 283 (1) of the Criminal Act, Article 30 of the Criminal Act, Articles 2 (2) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 2 (2) and Article 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act, Articles 2 (2) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Class 1 of Article 62(1) of the Criminal Act for the reasons for sentencing under Article 62(1) of the suspended sentence (the range of recommending punishment) is Category 4 (Habitual Offense, Cumulative Offense, Special Intimidation).

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