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(영문) 춘천지방법원 강릉지원 2015.05.15 2015고단148

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On November 24, 2014, the Defendant destroyed the property damage: (a) around 01:45 on the road located in the Dong Sea-si, Dong Sea-si; (b) on the road in front of the Defendant, the victim E avoided contact without paying the victim E’s loaning KRW 13 million; and (c) on the road, the Defendant collected stones around the FScar truck’s front glass window, which was parked on the road, over several occasions, and broken down the market price of KRW 700,000.

2. No debt collector who violates the Punishment of Violences, etc. Act and the Act on the Fair Collection of Claims shall assault, threaten, arrest or detain a debtor or his/her related person in connection with debt collection, or use a deceptive scheme or a threat to debt collection to him/her;

At around 20:00 on February 7, 2015, the Defendant: (a) lent KRW 13,000,000 from the Defendant to the “H”; and (b) urged the Defendant to meet the obligation, the victim E (27 years of age) who is the debtor; (c) on the ground that the victim has continuously performed the obligation; (d) the Defendant taken off the alinium camping-out net, which is a dangerous object in the between the two roads of the KS5 car troke, on the ground that the victim has continuously discharged the obligation; and (e) the said camping-out net is two times the victim’s left part of the victim’s left part, and (e) the left part of the executive body, which requires the victim’s treatment for nine weeks.

In this respect, the defendant carried dangerous things and inflicted an injury on the victim, and at the same time assaulted the debtor in relation to debt collection.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes of photographs, estimates, and written diagnosis;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 15 (1) and Article 9 subparagraph 1 of the Fair Debt Collection Practices Act; Article 366 of the Criminal Act;

1. Trade name;