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(영문) 대전지방법원 공주지원 2013.05.31 2013고단91

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 1, 2013, the Defendant causing property damage: (a) around 02:15, at the night reception counter of the Victim C Hospital located in Gongju City, D, an employee, demanded the preparation of a statement of payment of medical expenses at the night reception counter of the Victim C Hospital located in Gongju-si; (b) Having the “nn police?????????????????????????????????????????????????????????????????????????????????????????????’

2. The Defendant committed assault, such as gathering a fire extinguisher at the same time and place as that set forth in paragraph 1, and spraying the victim D(23 years of age).

3. On January 1, 2013, at around 02:29, the Defendant collected a dangerous object, such as the nurse E (n, 28 years of age) and the victim F (n, 39 years of age) in an emergency room of C Hospital, and threatened the victims by saying, “I am off and throw away. I will die. I will do so. I will do so. I will do so. I will see that I will am dead. I will am out, and am sound, and that I will go back to the victim E, which is a dangerous object, to escape.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. A written diagnosis of injury (D) and written estimate;

1. Application of on-site photographs, investigation reports (general)-C hospital CCTV analysis and investigation Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 283 (1) of the Criminal Act, Article 36 of the Criminal Act, Article 260 (1) of the Criminal Act concerning the crime;

1. Selection of punishment: Selection of imprisonment with prison labor for the crime of causing property damage and assault;

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

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as agreed with C Hospital);

1. The suspended sentence under Article 62(1) of the Criminal Act