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(영문) 의정부지방법원 고양지원 2014.01.15 2013고단1841
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. On May 22, 2013, the Defendant interfered with the business of the victim by force, such as: (a) from the head of the “D” house operated by the victim C, which is located in Yongsan-gu, Manyang-si; (b) ordering beer; (c) holding the beer; and (d) leaving the beer and beer in the vicinity of the beer; and (c) leaving the beer and beer in the vicinity of the beer, the Defendant interfered with the business of the victim by force.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) at the same time and place as mentioned in the preceding paragraph; the Defendant, as mentioned in the preceding paragraph, she saw the victim E (the age of 40) and F (the age of 37) who was a customer, was seated, she laid down with the table table, and she saw the beer’s disease, which is a dangerous object, as the victim’s body, and threatened the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C, F, and G;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Articles 283 (1) and 314 (1) of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

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