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(영문) 대구지방법원 2015.07.16 2015고단1657
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On December 27, 2014, the Defendant violated the Punishment of Violence, etc. Act (collective intimidation) (collective intimidation) stated that the Defendant was unable to inform the Defendant’s wife of the location of the CT filming from the hospital emergency room located in Daegu-gu, Daegu-gu, Daegu-gu (Seoul-gu) of the location of the Defendant’s father’s cT filming on his/her hand, and that the Victim E (20) who is a guard company responsible for the control of this, was exposed to the excessive amount (21.5cm in total length, 11cm in knife in knife) that is dangerous in the back part of the back part of the water. “The Defendant threatened the victim’s personal injury.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant, at the time and place specified in paragraph 1, threatened the victim F (the age of 25) who is a medical doctor in an emergency room, with approximately 20 minutes of death. The Defendant threatened the victim F (the age of 25) with the care of his/her wife and the recovery of his/her funeral. The Defendant threatened the victim F (the age of 25) with the intent to spread the hospital by using a chemical medicine.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (victim E statement hearing report and victim F statement hearing report);

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014); Article 283(1) of the Criminal Act (amended by Act No. 12896, Dec. 30, 2014); Article 283(1) of the Criminal Act for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the total of the long-term punishments for the crimes of the above two crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Confiscation Article 48(1) of the Criminal Act

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