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(영문) 전주지방법원 남원지원 2014.01.14 2013고단268
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

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

1. Around 08:50 on October 25, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) entered “E” operated by the victim D (the age of 44) of the victim D (the victim of the victim of the victim of the victim of the Republic of Korea), who was under the influence of alcohol, and tried to take a bath as to whether the victim would drink the above victim’s words “I wish to drink that I would drink.”

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. In violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) the Defendant continued to gather a pipe (64 cm in length, 5 cm in diameter), which is a dangerous object, and threatened the victim FF (the age of 47) who was in the face of Madroba, with a view to any reason.

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

3. The Defendant, at the time and place specified in paragraph 1, interfered with the Defendant’s business, by force, obstructed the Defendant’s operation of the victim’s urine by avoiding disturbance by threatening the victim D and the customer F with dangerous things, such as threatening the victim’s d and the customer, and taking a bath by large sounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F and D;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3 (1) and 2 (1) 1 of the Criminal Act, Article 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous objects), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 of the Criminal Act, Article 314 (1) of the Criminal Act (the occupation of threatening carrying dangerous objects), and Article 314 (1) of the Criminal Act;

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

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