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(영문) 전주지방법원 군산지원 2014.10.15 2014고단831
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

1. Around May 22, 2014, the Defendant: (a) around 23:20 on May 22, 2014; (b) E summary of the Victim D (V, 53 years old);

At the studio No. 1, while drinking alcohol together with a daily and female entertainment loan, the victim stated that he/she would additionally possess both the two weeks and claim excessive drinking value, and that he/she would be able to do so, and that 5 of the empty beer’s disease, which is a dangerous object that had been in his/her table, was collected toward the victim, and she had an attitude to inflict any injury on the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. At around 00:40 on May 23, 2014, the Defendant continued to drink alcohol at the 3rd room at the place under Paragraph (1) of this Article, but refused to extend time, the Defendant showed an attitude that the Defendant would inflict any injury on the victim by stating that “I sing, inging about the president, inging about the president, singing about the death of the dead, and cutting off the empty beer’s disease, which is a dangerous object that had been at the stude, and cutting off the stude on the stude floor, and finding the victim out of the studio.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the injured party does not want the punishment and the degree of damage is minor);

1. The proviso to Article 62-2 (1) and (2) of the Criminal Act on Probation;

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