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(영문) 수원지방법원 안양지원 2015.11.19 2015고단1179

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 03:20 on March 2, 2015, the Defendant: (a) expressed that, at the alcohol house located in Seocho-gu Seoul Metropolitan Government, the victim D (28 years of age) was accessed by the victim; (b) expressed that, as the victim’s hand, the Defendant expressed that, “I am equal to bitch bitch son, I am equal to bitch son, I am son, I am son. I am son. I am bitch son. I am son. I am. I am. I am.).”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not less vulnerable to the nature of the crime. As long as agreement with the victim or no recovery from damage has been made, it is necessary to punish the victim accordingly.

However, considering the favorable circumstances, such as the fact that the defendant has no record of criminal punishment, the defendant appears to have caused the crime of this case in the remaining contingent form under the influence of alcohol, the overall recognition of the crime by the defendant, and the fact that the defendant is showing a view that he would not repeat the same mistake, a fine shall be imposed like the disposition.