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(영문) 의정부지방법원 고양지원 2015.03.26 2014고단3014
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around November 29, 2014, the Defendant violated the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.) committed assaulting the victim D (22 years old), who is an employee of the victim D (22 years old), working in the tables, while drinking alcohol as a customer in the table, without any specific reason while drinking alcohol on November 29, 201, and assaulting the victim's hand, etc. on one occasion by drinking, and threatened the victim with the beer's hand, which is a dangerous object in the table, and threatened him/her of the victim as if he/she followed the beer's disease.

2. On November 29, 2014, from around 21:00 to 22:00, the Defendant interfered with the duty of the victim’s head office by force, such as assaulting employees without any particular reason and threateninging beer diseases, within the “C” head office operated by the victim E (26 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements of D and E;

1. Application of Acts and subordinate statutes governing CCTV image photographs;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 260 (1) of the Criminal Act that provides for the choice of punishment (the point of violence, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (the point of intimidation to carry with a deadly weapon), and Article 314 (1) of the Criminal Act (the point of interference with business and the selection

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the grounds for probationary mitigation below);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that it is a crime of friendlyness, the fact that it is not serious damage, the fact that it has been agreed with the victim E, and the fact that it

1. Social service order under Article 62-2 of the Criminal Act;

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