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(영문) 창원지방법원 거창지원 2014.11.26 2014고단307

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) (hereinafter referred to as "crimes, deadly weapons, etc.") was committed twice in the office of the C Licensed Real Estate Agent B of the G Licensed Real Estate Agent B of Gyeongnam-gun, where the Defendant work for the Defendant, and there was a talk among the employees to suspect the victim D (age

On May 31, 2014, at the above C Licensed Real Estate Agent Office around 09:00, the Defendant: (a) stated the victim’s talking about the victim and the deaf company; (b) stated that “I am saf in the window after many times,” and stated that “I am safy, even if I do not do so, I am safy; and (c) I am safy “I am 80,000 won in an envelope of this safy E money, no longer safy it has come later; (d) I am safy’s face; and (e) I am saf and fry part of the breast and safy part on two occasions with the victim’s hair and safd it once by gathering plastic chairs, which is a dangerous thing that the Defendant was seated.

2. The Defendant in violation of the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) committed assault against the victim D at the time, place under paragraph (1), and then threatened the victim by putting the victim’s face, which is a dangerous object on the books of the above licensed real estate agent’s office, up the victim’s face (22 cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to report internal investigation (as to attaching field photographs);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) 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 concerning the punishment of crimes;

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.