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(영문) 대구지방법원 포항지원 2013.11.21 2013고단953
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

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

except that 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. At around 05:00 on July 21, 2013, the injured Defendant: (a) reported that the Defendant’s residing in North-gu, North-gu, Mapo-si B was 303 “C building” where the Defendant was living; and (b) obstructed the victim D (hereinafter 39 years old) from his/her mouth, and prevented the victim from doing his/her behavior; (c) made the victim’s head debt "I are feasible," and (d) fascing the victim’s face by drinking the victim’s head, fasing it over the floor when the victim’s head was fasible; and (d) fasing the victim’s head, the victim’s head, who continued to go beyond his/her beam, was in need of multiple treatment for about 21 days.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) and at the same time and at the above place, abused the victim by putting the knife, which was a deadly weapon, in the main place where the victim was assaulted by the Defendant, in order to escape from this time and at the same time and place, putting the victim a knife, who was in the main place where the victim was sc

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Provided, That within the scope of adding up the long-term punishments of two crimes, aggravated concurrent crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 2

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the same Act, considering that there is no history of criminal punishment in addition to the punishment of a fine imposed twice due to drunk driving);

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