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(영문) 서울남부지방법원 2014.04.28 2013고단3990
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 23, 2013, at around 22:30 on October 23, 2013, the Defendant damaged a 10 plate of the column of 46,000 won in the market value, which is the victim’s possession on the part of the victim, who was placed on his/her customer at the seat of Yeongdeungpo-gu Seoul, was under the influence of alcohol, on the ground that he/she did not have the victim, but was in the E-cafeteria operated by the victim D (n.e., the 47 years of age).

2. On October 24, 2013, around October 10, 2013, the Defendant was arrested on charges of damaging property, as described in paragraph (1), at the above place, and went to the restaurant of the victim after being investigated by the Seoul Young Military Police Station, and the victim went to the restaurant of the victim, and the victim came to the restaurant of the victim and came to the restaurant of the victim during the process of dividing his talk with the restaurant employees, and the victim was able to think that the victim was fluoring on her own.

Accordingly, the Defendant threatened the victim by putting the victim at hand a computer and a stop room in the above restaurant calculation room, and breaking the empty beer's disease, which is a dangerous object that had been placed adjacent to the entrance, and by threatening the victim to “I am away. I am off. I am off. I will am off. I am off.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning D;

1. A report on the occurrence of violence;

1. Application of damaged photographs and on-site photographs statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 283 (1) and 366 of the Criminal Act;

1. Imprisonment with prison labor for the crime of causing property damage, which is decided to choose a punishment;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act among concurrent crimes. Article 50 (Aggravation of the punishment provided for in the Punishment of Violences, etc. that is heavier than that provided for in the said Act, but within

1. A confession and mistake of the crime under Article 62 (1) of the Criminal Act;

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