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(영문) 부산지방법원 2015.12.03 2015고단5993

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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. Around August 18, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective intimidation, deadly weapons, etc.) (collective intimidation) imposed on the victim C of the 3rd floor B of Busan B B (Taking the age of 53) on the ground that the victim requires the payment of additional drinking value of KRW 250,000 on the ground that the victim demanded the payment of the said additional drinking value, the Defendant threatened the victim by threatening the victim and threatening the victim. In addition, the Defendant: (a) at the entrance of the cspackter, the entrance door of the cackter was knick, carried the knick into the main door, and threatened the victim by threatening the victim and the victim. (b) At the same time, the Defendant threatened the victim by threatening the victim.

2. Around 03:50 on the same day, the Defendant publicly insultingd the victim by publicly insulting the victim by stating to the victim F (F) of the police officer belonging to the Busan National Police Station E District Unit of the Busan National Police Station, who was called the victim F (F) of the said state of business, C, and employees G, etc., “I will not see the Nice Police C, C, and I will not do so,” while hearing the above state of business, C, and employees G, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police protocol against C, G, and F;

1. Police seizure records;

1. Photographs of seized articles;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Articles 284, 283 (1), and 311 of the Criminal Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] / [the scope of punishment that is favorable to the defendant among the reasons for sentencing] where the mitigated area (4 to 1 year), the mitigated area (4 to 1 year), the punishment not (including efforts to recover damage), or considerable damage was restored (the decision of sentence] where the defendant was sentenced to a fine of 10,000 won for violent crimes in around 193, there is no record of punishment for the same kind of crime, and the victim C.