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(영문) 수원지방법원 안산지원 2012.12.06 2011고단924 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment with prison labor for six months as a result of an injury in the Suwon District Court’s Ansan Branch on November 26, 2010, and was under suspension of execution, which became final and conclusive on December 4, 2010.

In addition, the defendant has been sentenced seven times to a fine for violent crimes, such as violation of the Punishment of Violences, etc. Act (at night and joint injury).

【Criminal Facts】

1. On December 22, 2010, the Defendant damaged the damage of property by gathering 1,500,000 won of the market price owned by the victim by the victim E from the “F” restaurant operated by the victim E in Gyeonggi-do, due to interesting from G and Si roads, while gathering 1,000,000 won of the market price owned by the victim. The Defendant damaged 2,000,000 won of the market price owned by the victim by gathering 1,000 won of the market price of the victim by gathering 1,50,000 won of the 22:2:20,000 won of the market price owned by the victim by drinking. The Defendant damaged 3,50,000 won of the total market price owned by the victim by destroying 20,000 won of the alcohol cooling house and the front glass.

2. The Defendant violated the Punishment of Violence, etc. Act (a group., deadly weapons, etc.) entered a kitchen with a rioter (26 cm in length, 23 cm in length) and made it possible for the victim G (38 years of age) to take a kitchen with a rioter in the same time and place as above, without taking a part of the foregoing, and thereby threatening the victim G (38 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and E;

1. Each police statement made to E and I;

1. Each written statement of E and G;

1. A report on investigation, a protocol of seizure, seized articles and on-site photographs;

1. Application of Acts and subordinate statutes to criminal records investigation reports and investigation reports;

1. Article 36 of the Criminal Act, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act against the crime;

1. The defendant among concurrent crimes, reasons for sentencing in the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act.