beta
(영문) 춘천지방법원 원주지원 2014.07.24 2014고단408

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 2, 2014, at around 16:50 on March 2, 2014, Defendant A expressed the victim B (the 40-year-old) who was her age at “Ecafeteria” located in Gangseo-gun D, and expressed the victim’s bath on the ground that the victim B (the 40-year-old-year-old-old-year-old-old-year-old-year-old-old-gun), collected beer’s disease, which is a dangerous object on the table of the seat of the seat of the victim, and threatened the victim as he would be her, and continued to threaten the victim, and led the victim by hand in front of the “F restaurant” in front of the said restaurant, and “I Do Do am lives in the face of the victim in front of the above restaurant.” In doing so, the victim’s face was able to have a part of the victim’s face, and then failed to reflect the number of days of treatment days on the part of the victim.

2. At the same time as in the preceding paragraph, Defendant B, on the street in front of the “F cafeteria” as in the preceding paragraph, caused the victim’s face by drinking in opposition to the assault such as the victim A(49 years of age), and continued to embling the victim’s face on the floor, and embling the victim’s hump, hand, etc., and continued to embling the victim into several occasions, thereby causing injury to the victim, such as cerebrin, which requires medical treatment for about 21 days.

Summary of Evidence

1. Each legal statement of the Defendants (for the Defendant A, the date on which the second trial is made)

1. Legal statement of witness G;

1. Photographs related to the assault case;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Punishment of Violences, etc. and the Selection of Punishment A: Articles 3 (1) and 2 (1) 1 of the same 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): Article 257 (1) of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of combined long-term punishments);

1. Discretionary mitigation of Defendant A: Articles 53 and 55 (1) 3 of the Criminal Act (Consideration, agreement, health conditions, etc. of Defendant A);

1. Defendants on probation: each of them.