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(영문) 청주지방법원 제천지원 2016.05.12 2016재고단2

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant of special intimidation: (a) on June 3, 2015, on the grounds that the Defendant drinks alcoholic beverages at the F Soca located in Chungcheongnam-gun E around 20:00; (b) on the ground that the Defendant drinks alcoholic beverages together with the denial of the victim B (49 years old); (c) “I hicking by another person, and drink alcoholic beverages;

By stating that "I am, I would like to see", there was a threat to an empty cattle, which is a dangerous object on the table of the table, in his hand, and as we see, I expressed the attitude of threatening the victim to inflict harm on the life and body of the victim.

2. In the case of the Defendant’s injury, the Defendant 1. On the street in front of the immediately preceding the friend of the No. 1. Mar. 1, 201, hereinafter the Defendant 1.

“In the floor of the hand, the victim was injured by 4 times, and the victim was injured by 14 days of snow grass and open wound around the snow, etc. in need of treatment for about 14 days by putting about 6 times the baby with drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer under B;

1. Each police statement protocol with respect to G (including H’s statement part);

1. Application of Acts and subordinate statutes of the letter of diagnosis of injury B;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) of the Criminal Act (special intimidation, choice of punishment by imprisonment), and Article 257(1) of the Criminal Act (the point of injury and the choice of punishment by imprisonment) concerning criminal facts;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) and other conditions of sentencing as set forth in the records, including the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime, shall be determined by taking into account the following circumstances.

The fact that the defendant does not want to be punished by the defendant by an agreement with the victim, which is a dangerous object, is presumed to be highly likely to commit the act of threatening the victim after using the victim's disease, and that the victim does not want to be punished by the defendant.