logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2015.09.10 2015고단2143
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 July 15, 2015, around 04:25, the Defendant violated the Fair Collection of Claims Act: (a) sought the name of C from the obligor C’s house located in Dobong-gu Seoul Metropolitan Government, on the ground that C does not repay his/her debt; and (b) C did not have paid his/her debt.

Accordingly, the defendant visited the debtor at night without any justifiable reason, thereby causing fear or apprehensions, thereby seriously impairing privacy.

2. The Defendant violated the Punishment of Violence, etc. Act (collective assaulting with a deadly weapon, etc.) said at the time and place specified in paragraph (1) that the victim C (the 45-year-old-old-year-old-old-year-old-year-old-year-old-year-old-year-old-old-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, and Article 15 (2) 2 and subparagraph 2 of Article 9 of the Fair Debt Collection Practices Act concerning facts constituting an offense; the choice of a sentence;

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

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

4. Article 62 (1) of the Criminal Act ( considered as follows).

5. The reason for sentencing of Article 48(1) of the Criminal Act is against the defendant's depth and the victim.

arrow