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(영문) 대전지방법원 홍성지원 2013.12.23 2013고단982
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

The Defendant, on the ground that he was unable to repay one million won of money lent to the victim B (the age of 50), did not have good reputation of the above B.

1. Violation of the Punishment of Violences, etc. Act (collectively weapons, etc., damage and destruction thereof);

A. On October 1, 2013, the Defendant: (a) around 22:30 on October 1, 2013, at the D Complex sales office located in Bocheon-si C (hereinafter “office”); (b) caused the Defendant to damage the front glass of the Fpoter cargo vehicle owned by the victim, which was parked in front of the above office, by 3 times as a stone, a dangerous object at the bottom.

B. At around 00:40 on October 2, 2013, the Defendant: (a) damaged the victim E’s knife of the truck driver’s knife, which was parked in front of the above office; and (b) damaged the knife of the truck driver’s knife.

2. Around October 23, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) brought the victim E (age 47) into his/her hands and threatened the victim “absoning” (age 47) with the same background as that of paragraph 1(a) at the above office around October 1, 2013.

3. On October 2, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) committed an assault by gathering beer disease, which is a dangerous object from the victim B, on the ground that the victim B did not repay his/her obligations at a H restaurant located in Boan-si G, Boan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and B;

1. Application of statutes on site photographs;

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act regarding the crime concerned, Article 366 of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act.

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