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(영문) 춘천지방법원 속초지원 2014.04.30 2014고단45
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 of the final judgment.

Reasons

Punishment of the crime

On March 30, 2013, the Defendant, along with G (18 years of age) and D, had a victim G (18 years of age) who fested to drink in a F restaurant located in Sincho-si E on the ground that the Defendant fested and slicked the alcohol within the F restaurant located in Sincho-si E.

1. At around 08:55 on the same day, the Defendant: (a) while driving a victim and driving a motor vehicle in front of the above restaurant, the Defendant: (b) sent the victim’s face face 2-3 times to 2-3 times by drinking, and (c) placed the victim’s breast part of the victim’s chest on one occasion by drinking, and (d) placed the victim with a multi-faceted face where treatment for about two weeks is required.

2. The Defendant, at the same place, took one string of the shoulder-lopped bricks, which are dangerous objects in the victim’s front floor, in order to reflect against the price after being paid the above price at the same time and at the same place, followed up by using the string attitude at the head height of the Defendant, as if the victim was able to prices the victim with the string string, and then, the victim took the string attitude at the head height of the Defendant, and then the victim took the string of the string of the string, while continuing to put the string of the string, and threatened the victim by carrying dangerous objects, while continuing to put the fighting with the string of the string.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Examination protocol of the suspect of G by the prosecution;

1. Each police suspect interrogation protocol of C and H:

1. The police statement of I and D;

1. Application of Acts and subordinate statutes to medical certificates;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Elements unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order: The same kind of probation has been committed once in 2008, and it is advantageous to the fact that the victim did not agree with the victim.

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