beta
(영문) 창원지방법원 2015.11.05 2015고단1311

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not more than ten 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

around October 2013, the defendant visited the B Licensed Real Estate Agent Office to obtain consultation from the warden of C due to the problem of real estate contract, and the victim D (years 53) is the president of the said B Authorized Brokerage Office.

At around 16:40 on March 3, 2014, the Defendant: (a) heard from the victim the fact that the said C’s complaint was in progress in the office of the said B Licensed Real Estate Agent Office located in Kimhae-si, Kimhae-si; (b) stated that “If there is any error in the CC weather year, it shall be dead;” (c) took the victim’s seat; and (d) took each item, which is dangerous in the chemical group near the above office, and took one time the victim’s seat one time with the defect in order for the victim to take the above items.

On the other hand, the Defendant continued to have a string block, which was on the floor of the above office parking lot, where the F and the victim, who are an employee of the victim, had a stringed the victim.

As a result, the Defendant assaulted the victim with each item and news block, which are dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused and D;

1. The police statement concerning F;

1. Each report on investigation;

1. Application of the relevant Acts and subordinate statutes to each item of photograph;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution does not seem to have committed a crime because the defendant committed an assault against the victim, such as each item, which is a dangerous object, due to the failure of the defendant to participate in theization caused by the complaint against C. However, in light of the fact that each item of the victim's buckbucks after having taken once the victim's buckbucks and taken away each item, it does not seem to have any significant importance in the degree of assault and the risk of the act of assault, as well as in the fine, and the victim