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(영문) 울산지방법원 2015.05.14 2015고단110
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 December 31, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) asked the victim E (V) (V) who is an entertainment entertainment entertainment customer to “whether he or she is a flag,” while entering a room room at around 22:00, and asked the victim of the victim E (V, 44 years old), who was an entertainment customer, to “I am flag,” and sent the victim to Daegu, the victim flag, who was suffering from the time flag “I am flag, I am. I do not am. I am. I am. I do not am. I am. I am. I am. I am. I do not am. I am. I am. I do not am. I am. I am.) who was in possession of a deadly weapon in advance (the total length of 20 cm, 10 cm I am. I am. I am.”.

Accordingly, the Defendant carried a deadly weapon and threatened the victim.

2. At around 22:10 on the same day, the Defendant publicly insultingd the victim by stating “the victim G (the 49-year-old) who is a slope belonging to the F District Police Station of Ulsan District, which was dispatched after receiving a 112 report, about his/her personal information, etc., and at the same place where there are several persons, such as H, who is the main place of business where he/she turns out, and who is the victim of the sexual harassment.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. A written statement of I;

1. A complaint;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of the sum of the punishment prescribed in the Act on the Punishment of Violences, etc. which is heavier than the punishment and the long-term punishment of the crimes above two crimes] among concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

1. Confiscation of the Criminal Act;

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