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(영문) 청주지방법원 제천지원 2015.08.27 2015고단299

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. Defendant A

A. On June 3, 2015, the Defendant in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) expressed the attitude of threatening the victim, i.e., the victim B (the victim 49 years of age) in the Chungcheongbuk-gun E, stating, “I will see why she would drink with her fright and drink,” and she would threaten the victim to harm the victim’s life and body by threatening the victim, as she would in his her hand, on the ground that the victim B (the victim 49 years of age) would drink alcohol with her her fright of drinking together with her fright.

B. The Defendant was injured.

At the same time and time as indicated in the port, the victim B told the victim B of “drawing another person's mafrith alcohol,” and inflicted injury on the victim B, such as a snow pool for about 14 days, open body around the snow, etc., when 4 times the victim's scam with the hand floor, and the victim's breasts were taken six times as drinking.

2. Defendant B is the Defendant No. 1.B.

At the time and place mentioned in paragraph A(49) against the victim A(the 49-year-old)'s assault, victim's face was taken twice, and victim's face was inflicted an injury, such as a thring for about 35 days in need of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. The police statement of G (including H’s statement part);

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs of damaged parts of a victim);

1. Relevant Article of the Act on the Punishment of Violences, etc. and the Selection of Punishment A: Articles 3 (1) and 2 (1) 1 of the same Act, Article 283 (1) of the Criminal Act (a point of intimidation, such as a group or deadly weapon), Article 257 (1) of the Criminal Act (a point of injury, and a choice of imprisonment): Article 257 (1) of the Criminal Act (a point of injury or choice of imprisonment);

1. Defendant A from among concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment heavier than the punishment shall be imposed on the crime of intimidation, such as collective crimes, deadly weapons, etc. (the punishment provided for in the Punishment of Violences, etc.