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(영문) 부산지방법원 2015.12.17 2015고단5137
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 June 30, 2015, at around 20:30, the injured Defendant, on the ground that at the I restaurant operated by H in Busan Northern-gu, the victim J (W, 38 years of age) was in a fluoral relationship with the past year, and that the victim J (W, who was in a fluoral relationship with H (W, 38 years of age) did not come into a fluoral and met, and, at the same time, the victim’s neck was fluored by both descendants, and the victim J was fluord with fluoral head, and the victim J was fluord with fluoral and several times, thereby causing injury to the victim J for a brut salt that requires approximately two-day medical treatment.

Accordingly, the defendant injured the victim J.

2. The special intimidation Defendant at the time, at the place, as described in paragraph 1, stated in paragraph 1, stated that “I will die first, die, die first of all, and die. I will die. I will die. I will die. I will die. I will die. I will die. I will die. I will die. I will die. I will die. I will die. I will die. I will die.).”

Accordingly, the defendant, carrying a deadly weapon, threatened the victimJ.

3. The Defendant damaged the above air conditioners by putting a misunderstanding that was in the kitchen at the time, time, and place specified in Paragraph 1 to the victim H’s market price of KRW 1 million.

Accordingly, the Defendant damaged the victim H’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

1. Relevant Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation), Article 366 of the Criminal Act (the point of causing damage to property), the choice of imprisonment for a crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, the location of the victim's serious injury, the deposit of three million won for the victim, and one time the past record of the sentence of a fine of one million won for the same kind of power in 2003 is included);

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