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(영문) 창원지방법원 밀양지원 2013.11.21 2013고단361
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 of the final judgment.

Reasons

Punishment of the crime

1. The defendant is in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) and operates a medical care center in the above E in consideration of E in the course of smuggling into the Republic of Korea.

On May 13, 2013, at around 07:50, the Defendant requested the victim to suspend construction on the ground that the victim G (the 53-year-old age) located in the Sinyang City F lawfully filed a construction report at the site of the horse-riding course, and that the horse-riding course would cause an environmental trouble to the medical care center operated by the Defendant in the vicinity. However, the Defendant sought plastic containers containing approximately 3.6 litresponding goods at the victim’s body, which would be dangerous to be rejected by the refusal from the victim, while locating the gasoline at the above construction site, as the victim’s body was "the same dead person", and putting the Rabbb and booming the victim’s body, thereby threatening the victim as if the Defendant and the victim’s body were disturbed.

2. The Defendant interfered with the business of interfering with the victim G riding course construction by force, such as the time and place set forth in paragraph (1) at the time and place.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. The police statement of H;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act and Article 314 (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. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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