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(영문) 부산지방법원 2014.06.20 2014고단1326
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

The defendant is a friendly child of the victim C (math, 34 years of age).

Although the defendant allowed the victim to use his/her residence as the office of the defendant, the victim's refusal was not sufficient to appraise the victim.

1. Around 15:00 on January 1, 2014, the Defendant assaulted the victim’s eye in his residence located in the Busan Sindong-gu, Busan Metropolitan City, with the foregoing problems, while disputing the victim, the Defendant was booming the victim’s eye and booming the victim’s eye with his finger.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at around 18:50 on the same day, on the same grounds as the above date, had the victim share the unfolded book of the market value, which was owned by the victim, for the same reason, and incurred excessive expenses, which are dangerous things in the kitchen at the same time, and threatened the victim by raising the victim’s timber and stipulating that he will be killed.

3. Damage of property, the Defendant: (a) committed assault at around 23:20 on the same day, at the same place, the victim was injured by having the victim wear clothes sloaked in plastics in a door to visit and damaged them by making the sloak in a hole; and (b) by having the victim sit sloaked in the next place above the floor, the victim exceeded the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. C’s statement;

1. Application of Acts and subordinate statutes to each investigation report (No. 2 and 6 of the evidence list);

1. Article 3 (1) and Article 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. of Crimes and Selection of Punishment of Violences, etc., Article 283 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 260 (1) and Article 366 of the Criminal Act on the Punishment of Crimes;

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

1. There is no record of committing the same kind of crime or punishment heavier than that imposed under Article 62 (1) of the Criminal Act, the fact that the crime is contingent, and the degree of assault;

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