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(영문) 광주지방법원 2013.12.10 2013고단3999
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 02:10 on July 20, 2013, the Defendant driven C QM5 vehicle under the influence of alcohol content of 0.13% at the 5-meter radius from the parking lot of the Military Center located in the Songdong-dong, Gwangju Mine-gu to the previous road of approximately 785-12.

2. Around July 20, 2013: (a) around 02:15, the Defendant: (b) was driving the said car on the road in front of Gwangju Mine-dong 785-12, the Defendant threatened the Victim D (18 years old); (c) on the ground that the Defendant discovered the victim D (18 years old) who was walking on the road while driving the said car on the road; (d) but the victim got out of the road while making cell phone calls, and cut down without turning on the way, he saw the victim as a dangerous object that was kept even under the driver’s seat even with the driver’s seat, and thereby, threatened the victim D by saying, “I am out as soon as possible, I will die.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and E;

1. Entry of an entry report from an employer;

1. Application of Acts and subordinate statutes on images of photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act, the choice of punishment, and Articles 284 and 283 (1) of the Criminal Act (the point of carrying and intimidation dangerous articles, and the selection of fines);

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

1. On the alley of the reasons for conviction and sentencing of Articles 70 and 69(2) of the Criminal Act of the Labor House Detention Act, the Defendant’s behavior using the knife with the victim’s knife while putting the victim’s knife, and making the words such as the facts constituting a crime, was sufficiently assessed by social norms, that it was a behavior that could cause the other party to feel a threat to his life and body, and thus constitutes

In relation to sentencing, the risk of the defendant's behavior, the defendant has the same criminal records, on the other hand, the victim does not want the punishment of the defendant by mutual consent with the defendant.

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