폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
The Defendant is the de facto president of the Company “E”, which is located in D Building 601 in the Republic of Korea in the Republic of the Philippines.
In 2012, the Defendant received a total of KRW 40 million from the Victim F (years 37 to September 2013) of the Republic of Korea from the Republic of Korea (hereinafter “the Republic of Korea”) around the end of 2013 from the Republic of Korea to the said company, but did not make a repayment despite the victim’s continuous request for repayment.
On May 20, 2014, the Defendant sought the Defendant to demand repayment at the office of the said company, and when the Defendant got married of the Defendant, the Defendant heard that “the father of the width was damaged by her, and his father was replaced by fraud,” and sought for the victim by inserting excessive materials (a total length of about 25 cm, about 15 cm, about the blade length of knife) dangerous to the street north bank.
On May 20, 2014, at around 23:57 (on the spot time of the Philippines, at around 00:57 on May 21, 2014, at the time of the Republic of Korea), the Defendant demanded the victim to go back or the victim to go back to I in the vicinity of the above contact. On May 21, 2014, the Defendant called “H” in front of the contact, which is the residence of the victim in the Republic of Korea, at the time of the Republic of Korea, to go back to the victim’s neck near the above contact. At the Ampt north bank of the Republic of Korea, the Defendant served the victim’s neck who followed the Defendant.
In this respect, the defendant carried dangerous objects and assaulted the victim.
Summary of Evidence
1. Legal statement of witness F;
1. The prosecutor's statement concerning the F;
1. A letter of notarial deed (as to the statement of the J);
1. Application of excessive photographs, video CD-related Acts and subordinate statutes;
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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] and the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act [the scope of recommending punishment] have no basic area (6 months to 1 year from 6 months to 10 months) of the basic area (the special person [the decision of sentencing] [the defendant] has a victim.