beta
(영문) 춘천지방법원 원주지원 2014.06.11 2014고단251

협박등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Violence;

A. On March 15, 2014, at around 20:00, the Defendant used assault against the victim B, who was under the influence of alcohol on the D main points located in C, and went to the entrance of another customer, and used the victim’s right-hand part on the table “to sit, sit, me anywhere any,” and the victim’s hand floor by fasting the victim’s right-hand shoulder with the victim’s hand, and then was bread against the victim’s shoulder.

나. 피해자 E에 대한 폭행 피고인은 전항과 같은 일시, 장소에서 위 주점에서 술을 마시고 있던 피해자 E(54세)과 눈이 마주치자 피해자에게 "야, 개새끼야, 뭘 쳐다보냐"라고 욕설을 하면서 손바닥으로 피해자의 좌측 머리 부분을 수 회 때리고 주먹으로 피해자의 가슴 부분을 수 회 때려 폭행하였다.

2. Around 15:00 on March 18, 2014, at the same place as Paragraph (1) of this Article, the Defendant: (a) found the victim’s alcohol in a breathous manner; and (b) took the victim’s speech from the victim B that “the victim would have dysnish so that he/she may dye so that he/she can do so; (c) she expressed the victim’s desire that “the victim would dysnish so that he/she would dysnish so as to do so; and (d) she sent the victim with his/her bry so that he/she might do so once in the bruth and shed, and she would have a b

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to E, F, and B;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), and Article 283 (1) of the Criminal Act (the point of intimidation and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures.