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(영문) 인천지방법원 부천지원 2014.01.22 2013고단3314 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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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

The Defendant was in conflict with the victim B (YY, 33 years of age) and the private life.

The defendant made a telephone call with the victim B to pay the money that he lent to the victim B, but expressed that he did not intend to pay and repay the money, which he had been able to find the victim B.

Accordingly, at around 23:10 on August 13, 2013, the Defendant purchased an excessive amount of 24 cm in length, which is a dangerous object at the convenience store of the 1st floor of the officetel in Bupyeong-gu, Seocheon-gu, Busan, the Defendant: (a) displayed the excessive amount to the victim D (28 years of age) and the victim E (nive, female, and 41 years of age) who was going up to the 15th floor of the above officetel; and (b) threatened the victims with the excessive amount to the public, such as marking the excessive amount to the public.

Accordingly, the defendant committed violence to victims by carrying dangerous articles.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Each police statement made to B, E, and D;

1. A report on investigation by telephone;

1. Records of seizure and the list of seizure;

1. Application of excessive photographic statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act (including the fact that the degree of violence is minor, the defendant commits a mistake, and the defendant has no criminal record of the same kind or suspended execution or any other criminal record);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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