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(영문) 부산지방법원 2016.03.16 2015고단5210

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On May 25, 2015, the Defendant, at the D dormitory located in Gangseo-gu Busan Metropolitan City around 00:15, 2015, putting the Internet game to the victim E (18 taxes) and F (19 taxes) with a string of the chaired person in which the victim E was seated, and 10cm (10cm on the day) with a string of the chaired person in which the victim E was seated, and with a dangerous thing in the kitchen in the kitchen, and with a string of the victim E, the Defendant “spule, flad, spick. Slick, Slick, Slick.”

“Along with a kitchen, a knife, which is a deadly weapon (20cm on the knife) in the kitchen, and a knife with a knife, and a knife with a knife, “Crife and knife”.

In the Republic of Korea, there is no conflict between Korean and Korean people.

“.....”

Accordingly, the defendant threatened victims by carrying dangerous articles or deadly weapons.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Report on seizure and investigation (related to photographing a deadly weapon);

1. Application of Acts and subordinate statutes to a report on investigation (as to photographs of its own knife);

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant threatened the victims of the Aggravated Punishment and blades, which are dangerous objects as above, and the nature of the crime is not somewhat weak.

However, it is against the defendant's wrong recognition of the defendant's mistake, the victim E is nothing more than the defendant's punishment, and the victim's non-indicted D is working in D faithfully for five years after being employed. For this defendant, dynamics, including the representative of the above company, wanting the defendant's wife, and the victims are also responsible to a certain extent for the occurrence of the crime of this case, and all other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered by the order.