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(영문) 울산지방법원 2013.12.27 2013고단3166

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. At around 14:40 on July 3, 2013, the injured Defendant: (a) was at the seat of the D office operated by the Defendant in Gyeyang-si, the victim E (the age of 42) and the former product transport cost; (b) was at the seat of the victim; and (c) was at the seat of the victim, the injured Defendant was at the seat of the victim for about two (2) weeks, and was at the seat of the victim, and was at the seat of the two (2) weeks.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) stated at the time and place specified in paragraph (1) that “satise satch satch satch satch satch satch” in one hand, and threatened the victim as if he were at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Mutic photographs;

1. A investigation report (to attach a photograph ofCCTV images);

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

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Articles 2 (1) and 283 (1) and 257 (1) of the Criminal Act;

1. Selection of imprisonment with prison labor for selective injury;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (the fact that there is no record of the same kind of crime since 1991, and one million won has been deposited by the victim);