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(영문) 춘천지방법원 속초지원 2015.01.22 2014고합33
폭행등
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. Around 01:50 on September 15, 2014, the Defendant assaulted the victim on the “Eran tavern” operated by the victim D (FE, 39 years of age) in Yangyang-gun C, on the ground that the victim was under the influence of alcohol, and on the ground that the victim was said to have been at the end of his/her business, the Defendant abused the victim by his/her hand, her knife and drinking his/her knife, making his/her knif

2. The Defendant damaged the property by drinking the gas scams, which had been on the floor of the hole of the place, on the grounds of paragraph 1, at the time, at the same place as that of paragraph 1, and on the grounds of paragraph 1, and thereby damaging the repair cost of the tea.

3. No person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes shall threaten any person for the purpose of any retaliation against the furnishing of a criminal investigation force, such as a criminal complaint or accusation, statement, testimony or submission of data in connection with his/her criminal case or trial;

Nevertheless, at around 21:25 on September 18, 2014, the Defendant reported the Defendant to the police as to the provisions of paragraphs (1) and (2) of this Article, and threatened the Defendant by gathering drinking water, which is a dangerous object, to the victim, for the purpose of retaliation against the Defendant’s statement as to the said case, at the same place as that of paragraphs (1) and (2) of this Article, and by taking the victim’s drinking water as the victim’s statement. “I want to kill and die. I want to kill. I do not want to do so. I want to sing. I am. I am. I am. I am. I am. I am. I will am. I am. I am. I am.).”

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement made by the police against D;

1. Each report on investigation;

1. Application of the relevant Acts and subordinate statutes, such as 13 copies of field photographs and violence;

1. Relevant Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act (the point of assault, the choice of imprisonment), Article 366 of the Criminal Act, Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 283(1) of the Criminal Act concerning the crime;

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

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