(영문) 대구지방법원 안동지원 2014.10.31 2014고단477

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자간(%)

(영문) 대구지방법원 안동지원 2014.10.31 2014고단477

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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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

At around 15:20 on May 18, 2014, the Defendant: (a) moved to a knife a knife and office knife in a D urban bus driven by the victim C (the age of 49) who was operating a knife of the knife in front of the knife of the knife, the Defendant discovered the Defendant, who is in possession of the knife and office knife in the sound knife of the knife.

On the other hand, the victim of play brought the passengers out of the bus, the defect in order to shut down the bus door, the defendant, after getting off the bus, placed the victim with a dangerous weapon (31 cm in total length, 19.5 cm in knife in knife, 19.5 cm in knife) and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes on seizure records;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendation] The sentence is set in consideration of all the conditions stipulated in Article 51 of the Criminal Act, including the following: (a) the mitigation area (4 to 1 year), the mitigation area (4 to 1 year), the exemption area (including a person who has been specially mitigated), the exemption area (including a serious effort to recover from damage) or considerable damage; (b) the defendant’s liability for the crime of intimidation cannot be deemed to be light; (c) the defendant is recognized of his/her mistake and agreed with the victim, and the suspension of execution was selected.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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