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Reasons
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(영문) 대구지방법원 영덕지원 2015.10.21 2015고단165
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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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 of the final judgment.

Reasons

Punishment of the crime

On May 21, 2015, the Defendant: (a) around 20:00 on May 21, 2015, in front of the Defendant’s house located in Ulsan-gun, Chungcheongnam-gun, the victim D (the age of 39), “I am 1,100,000 won,” and “I am son, which is a dangerous object in the Defendant’s house room,” and “I am son,” and “I am son,” which is a dangerous object in the Defendant’s house located at the Defendant’s house (the length of 34 cm, the blade length of 21 cm) and kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn k, and h k k kn k k kn kn kn k.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol concerning suspect examination of D;

1. Statement of D police statement;

1. A general list of seized articles, records of seizure, list of seized articles, and report on investigation (in cases of attaching photographs of seized articles) (including one photograph of attached articles);

1. Application of Acts and subordinate statutes to report internal investigation (including the details of initial investigation) (including Chapter IV photographs attached thereto);

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act (the scope of punishment: Intimidation - Special Intimidation for Types - Special Intimidation for Types - 4, 4 months in prison - 1 year in prison) and the standards for suspended execution, which are set forth in the sentencing guidelines, including the fact that the victim is not subject to the punishment of the defendant, by contingency, etc. (the sentence shall be set as ordered, and the execution of the sentence shall be suspended), shall be determined as ordered

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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