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(영문) 인천지방법원 2014.10.15 2014고단5505
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 28, 2014, at around 16:45, the Defendant interfered with the business of the Defendant: (a) laid off the D freezing tower owned by the Defendant in the “C gas station” in Gyeyang-gu Incheon Gyeyang-gu, and (b) laid off the vehicle with a Sejong-ro car in the gas station, which was located in the gas station, from the victim E (ma, 33 years of age) who caused the said gas station, the Defendant shall not be allowed to use the vehicle because of a sprinking,” and (c) the Defendant sprinked the victim, humbing the victim, coming into the said gas station office, coming into the victim, “the president Bh kbb kb kb kb kb kb kb kb kb kb kb kb kb, and interfere with the operation of the said gas station by force for about 10 minutes, such as continuing to gather one so on.

2. The Defendant violated the Punishment of Violence, etc. Act (collectively, deadly weapons, etc.) committed the above actions at the above time and place, and attempted to get out of the gas station by getting in the Defendant's freezing tower and getting out of the gas station. However, in order to extract the key of the vehicle from which the said victim E reported to the police by the said victim E, the victim's body was in the driver's seat of the Defendant, and the victim's body was in the vehicle's vehicle's vehicle's seat, and the vehicle's door was 4-5 meters in the vehicle's seat and the vehicle's door was opened, and the victim was 4-5 meters back from the vehicle's seat to the gas station.

Accordingly, the defendant carried dangerous cargo vehicles and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of CCTV image photograph Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act of the relevant Act concerning the facts constituting an offense (a point of interference with business and choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (a point of intimidation to carry dangerous articles);

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. Suspension of execution;

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