beta
(영문) 수원지방법원 성남지원 2015.06.10 2015고단682

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On April 20, 2015, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) found the “F” main points of D operation in the sex-nam city E due to the fact that D, which had been frightened by the Defendant on the ground that he had not repaid the money borrowed from the Defendant and had the Defendant avoided, and at around 19:00, he left the victim G (V, 49 years old), who is an employee of the said main points, “DIII am. I am.” On the other hand, the Defendant continued to enter the main room of the said main points, and continued to gather the odor, snick, etc., of dangerous things ( approximately 20cm in total length, about 15cm in knive length, about knives, knives, and knives the victim’s body, and made the said kitchen and kn’s body, and made the said kitchen and knick at a distance from the victim’s body.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant interfered with the business, at the time and place specified in paragraph (1), laid the kitchen equipment, such as smells, brus, gas bags, etc., on the floor for about 30 minutes as above, knife the knife knife, knife the wall, and sound, thereby obstructing the victim G’s bar business by force.

3. The Defendant damaged the property damage, at the time and place specified in paragraph (1), by setting the kitchen equipment, etc. on the floor as above, and destroying it by shouldering the floor, thereby destroying the headquarters equipment equivalent to KRW 7,766,00 in total of the market price owned by the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The prosecutor's statement concerning G;

1. Statement of D police statement;

1. Written estimate;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act concerning criminal facts, Article 283(1) of the Criminal Act, and the Criminal Act;