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(영문) 대전지방법원 서산지원 2013.12.13 2013고단342
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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. On July 18, 2012, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed assault to the victim (hereinafter “victim”) at the house living together with the victim D(V, 50 years of age) of Jinjin-si C apartment 101 and 1408 at the time of Jinjin-si on July 18, 201, by putting about about 30 cm, which is a deadly weapon in the main room of the victim, and threatening the victim to “the dead as in our case,” and threatening the victim to “the dead as in our case.”

Accordingly, the defendant committed violence to the victim by carrying a deadly weapon.

2. Around 11:00 on February 11, 2013, the Defendant was found to be a F restaurant operated by the victim in the Sinjin-si, Sinjin-si, and the victim was not the victim made a normal speech, and the Defendant was forced other customers to go out of the facility by following the table, satis, satis, etc.

Accordingly, the defendant interfered with the victim's restaurant business by force.

3. Around March 27, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) threatened the victim by stating that he/she would thrown away a brutal disease by gathering a brutal disease, and that he/she would thrown away a brutal disease, as seen above, while having come to dispute with the male problem at the same place as that of the victim at the same time as paragraph (1).

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

4. On March 27, 2013, at around 23:20 on March 27, 2013, the Defendant destroyed and damaged a unit of cellular phone that is equivalent to KRW 574,960, the market price owned by the victim, on the ground that he/she was suffering from another male from telephone at the same place as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of G, H and I;

1. Application of Acts and subordinate statutes to investigation reports (attaching receipts, etc.);

1. The Punishment of Violences, etc. Act for the crime concerned;

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