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(영문) 부산지방법원 2014.05.15 2013고단7825

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for one year.

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. Around 18:00 on December 26, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) stated that the Defendant was in the D office located in Kimhae-si, Kimhae-si, and that the Defendant was threatened by the victim E (59 years of age) and the payment of benefits, which is a dangerous object outside the said office (120cm in length) while holding in the main machine, and was in danger outside the said office (120cm in length). The Defendant expressed that “I will die, I will leave the arms and legs well,” and expressed the attitude that the Defendant would inflict harm on the life and body of the victim, such as the victim by taking off the above A, thereby threatening the victim.

2. In the above time, at the same time and place, the injured Defendant inflicted an injury on the spawn salted cat that requires treatment for about 21 days on the victim’s face when she spawns and spawns the victim’s spath and spawn.

Summary of Evidence

1. The defendant's legal statement;

1. Legal statement of witness E and F;

1. A protocol concerning the examination of the accused by the prosecution;

1. Each protocol of the examination of the suspect against the defendant (including part and the replacement of the defendant);

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 13, 17 of the evidence list);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the details leading to the instant crime and the relationship with the victim);

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