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(영문) 전주지방법원 군산지원 2016.06.28 2016재고단2

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 9, 2013, the Defendant was sentenced to three years of imprisonment with prison labor for the crimes of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Gwangju High Court (former District Court) and the judgment became final and conclusive on September 26, 2013.

1. Injury;

A. On August 23, 2011, the Defendant: (a) around 22:40 on August 23, 201, around 201, at the victim D (the age of 15) located within the residence of the victim D (the age of 207 and 608) of the Gunsan-si apartment house C, 207 and 608; (b) however, the victim refused to do so; (c) the victim’s face was taken one time by hand.

B. The Defendant continued to attract the victim, and 22:50 on the same day at around 22:50 on the G film house located in F in Gunsan City, when the Defendant took part in the victim’s face by hand on the ground that the victim did not promptly answer the victim’s horse.

As a result, the Defendant inflicted injury on the victim, such as the spathal of a baby, which requires treatment for about 15 days.

2. The defendant of special intimidation 1's date and time, place, etc. mentioned in the above 1's paragraph (a), defects that the above victim D would not get out of the defendant, one food knife, which is a deadly weapon in the main room of the defendant, and the victim E (16 years old) of the victim D's friendship toward the victim E, etc. of the horse victim.

"The victims were threatened, such as the knife of the knife, as the knife of the knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A photograph of damage and investigation report (to hear statements E);

1. A medical certificate;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of the integrated search and judgment of cases;

1. Article 257 (1) of the Criminal Act (the point of harm, the choice of imprisonment), Article 284, and Article 283 (1) (the point of special intimidation and the choice of imprisonment) concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. It is so ordered as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;