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(영문) 대구지방법원 2014.12.04 2013고단1836
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. Around 22:20 on January 8, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) was able to obtain the victim’s rocketing car and accident from the victim E (the age of 36) while driving D string vehicles on the front side of the Daegu-gu Seo-gu Office C, Daegu-gu, which was obvious for the date of the victim’s driver’s string car and accident, and the victim’s statement that “the driver’s hing is immediately lower

피고인은 위 승합차를 피해자의 쏘렌토 승용차 앞에 정차시켜 가로막은 다음 위 승합차 안에 있던 흉기인 망치를 들고 나와 때리려는 시늉을 하며 피해자에게 겁을 주었다.

Accordingly, the defendant carried a deadly weapon, and threatened the victim.

2. When the Defendant, at the same time and place as above, deducted the victim from the lives cited as above, the Defendant used 1.5L plastic distribution, which contained water in the said lives, and assaulted the victim’s face at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of investigation reports (general Acts and subordinate statutes);

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; Article 260 (1) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of the final sentence due to the aggravated punishment of multiple offenders who have no basic area (6 to 1.6 months) (the scope of recommendations) of Category 4 (Habitual Cumulative Offense, Special Intimidation) (Special Intimidation) of the Criminal Act, Article 62(1) of the Suspension of Execution Act, and Article 62(1) of the Criminal Act provides that no person shall be punished [the scope of recommendations] of the second crime [the scope of recommendations] of the basic area (2 to 10 months) of Type 1 (General Violence) (No person specially punished] of the basic area (2 to 10 months): The scope of the final sentence due to the aggravated punishment of multiple offenders: June to 11 [the decision of the sentence] of the defendant 6 months [the decision of the sentence] of the defendant citing a deadly weapon, threatening the victim, and assault the victim by distribution again with a person who has taken

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