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(영문) 창원지방법원 진주지원 2013.06.11 2013고단332

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around October 26, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) stated that “A victim E (the age of 60) of the victim E (the age of 12:30) at the site of a housing construction project in Gyeong-gun, Jinnam-gun, Jinnam-gun, would face a death of the Defendant, i.e., “I ., f., f., f., f., f., f., f., f., f., f., f.,

Accordingly, the defendant carried a fire extinguisher, which is a dangerous object, and threatened the victim.

2. The Defendant injured the victim by assaulting himself at the time and place set forth in Paragraph 1, and the victim satisfyed himself, and the head was satisfyed on his chest by satisfying both the body and satisfy on his chest.

As a result, the defendant suffered both gambling cases in which the victim was not treated in the days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Second police interrogation protocol against the accused;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act (the occupation of intimidation with a deadly weapon and the choice of imprisonment), Articles 262 and 260 (1) of the Criminal Act (the occupation of injury resulting from violence and the choice of imprisonment) of the same Act;

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

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration of the details of and degree of damage to a crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;