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(영문) 수원지방법원 2013.06.26 2013고단1750
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

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

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. Around 23:00 on April 15, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) provided that, within the “Crona,” the third floor of the commercial building located in Masung-si B, the Defendant, while drinking alcohol together with the victim D (nick, 19 years of age) who is an employee, would enhance the speech without any special reason under the influence of alcohol, and expressed the victim’s desire to “pick only for drinking alcohol, but also for drinking.”

The defendant continued to act as if he were at the time of the victim by gathering beer disease, which is a dangerous object on his knee, and was collected on the floor, and requested the victim to knee and knee. However, the victim refused this, and then the victim kneddddd by hand hand.

In this regard, other customers, etc. who had been in the same place were able to see the defendant, and the defendant was able to gather the kitchen 21 cm in the kitchen, which is a deadly weapon, and acted as if they would inflict any danger and injury on the body of the victim.

Accordingly, the defendant carried with him the kitchen knife which is a dangerous thing, with a lethal weapon, and threatened the victim.

2. On April 15, 2013, from around 23:00 to 23:45 of the same day, the Defendant interfered with the business of the victim E (n, 27 years old) by force, in the same manner as the entries in paragraph (1), and thereby obstructing the business of the victim E (n, 27 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Criminal Act, Article 314 (1) of the Criminal Act (Interference with Duties, Selection of Imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime;

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

1. The criminal defendant under Article 53 and Article 55 (1) 3 of the Criminal Code for discretionary mitigation has been repented.

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