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(영문) 대구지방법원 2015.05.01 2015고단1201
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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 of the final judgment.

Reasons

Punishment of the crime

On March 9, 2015, at around 23:05, the Defendant listened to the Defendant’s “E” restaurant operated by the victim D (n, 49 years of age) in the Daegu Dong-gu, Daegu-gu, about the lending of money from the victim, and the refusal of this request, and the Defendant threatened the victim with a small-scale illness, which is a dangerous object on the table, with a view to the victim’s right side of the victim, and with a kitchen string, which is a dangerous object on the table, the door-to-face of the victim. The Defendant threatened the victim with a kitchen knife and the victim’s right side of the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. Entry into the records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on images of photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order [the scope of sentence under law] 6 to 15 years of imprisonment [the determination of a sentence] violent crime [special imprisonment] - The area of mitigation [the scope of recommendation [the range of sentence] mitigation area] - The area of mitigation of mitigation elements / [the scope of recommendation range] six months to one year and two months (the subordinate sentence under law)] - Where a major reason for major reference is carried with a deadly weapon or other dangerous articles: In the event that a person committed a crime by carrying a deadly weapon or other dangerous articles, the main reason for main reference is not positive punishment (including a serious effort to recover damage): There is no criminal conviction or heavier than positive and contingent suspension of sentence [the decision of sentence].

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