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(영문) 대구지방법원 안동지원 2015.04.21 2014고단489
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. Around March 24, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) was found in the “E” operated by the victim D (34 years of age) in Ansan-si and Dong-si, in order to comply with the Defendant’s complaint filed by the victim D (34 years of age) to interfere with his/her duties, and the victim was able to find one life-saving knife (35 cm in total length and 15 cm in knife), which is a lethal weapon, and threatened the victim with the part of the victim, and “the knife in knife in knife and knife in knife” and threatened the victim’s body.

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc.) caused the said victim to go together at the same time and place as set forth in paragraph (1). A flagpole, which is a deadly weapon used in his/her hand, used as a "Fadong-si Branch" in the front door of the front door, was cut down, and damaged the property owned by the victim so that the repair cost would be equivalent to KRW 250,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 3 (1) and 2 (1) 1 of the same Act; Article 366 of the Criminal Act concerning a crime;

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

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] is in the relation of concurrent crimes with crimes for which the sentencing criteria are not set in the basic area (six months to one year and six months). As such, only the lower limit of the scope of sentence in the basic area is considered.

[Special Sentencing] None [Decision of Sentence] The crime of this case committed with a deadly weapon was very dangerous.

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