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(영문) 청주지방법원 2013.09.11 2013고단801
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)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. On February 18, 2013, the Defendant: (a) around 23:40 on February 18, 2013, 2013, the Defendant: (b) expressed the victim’s desire, such as “sprinkling, dead,” on the ground that the victim did not reach an agreement in the case of assault and obstruction of business, which was under the influence of alcohol in the DNA operated by the victim C (the age of 56) in Cheongju-gu, Chungcheongnam-gu; and (c) prevented customers who had entered the said marina by avoiding disturbance for about 15 minutes; and (d) prevented them from entering the said marina.

Accordingly, the defendant interfered with the victim's marina business by force.

2. On February 19, 2013, at around 01:17, 201, the Defendant: (a) took a bath for the victim C on the same ground as the preceding paragraph on February 19, 2013; (b) made it impossible for the Defendant to enter the said marina for approximately 30 minutes to enter the said marina.

Accordingly, the defendant interfered with the victim's marina business by force.

3. On February 19, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and interfered with the business thereof on February 19, 2013, on the ground that it was indicated in paragraph (1) above, around February 14:10, 2013, the Defendant: (a) with two diseases of beer, which are dangerous objects displayed on the said marina on the ground of the same ground as described in paragraph (1) in the said DNA; (b) threatened the beer’s disease on the head of the victim C; (c) continuously threatened the beer’s disease on the head of the victim; and (d) caused the victim to go against this.

As a result, the Defendant, carrying dangerous articles, threatened the victim, and obstructed the victim's marina business by force by avoiding disturbance for about 30 minutes, allowing the customers who found in the Mart to leave, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Application of each statute on photographs;

1. Article 3(1) and Article 2(1)1 of the Act on the Punishment of Violences, etc., the Criminal Act, Article 2(1)1 of the same Act concerning criminal facts;

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