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(영문) 춘천지방법원 원주지원 2013.09.11 2013고단491
폭력행위등처벌에관한법률위반(집단ㆍ흉기등손괴)등
Text

A defendant shall be punished by imprisonment for six 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 22:30 on March 19, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) issued a victim E (the age of 61) who works together with the Defendant in the “D” restaurant operated by the Defendant, which is located in the “D” restaurant operated by the Defendant, on the ground that he did not hold his examination and hold the victim’s hand on the table, and laid the victim’s hand on the table, and “packs the victim’s hand, which are dangerous objects in Australia’s money,” and saw the victim’s hand on one hand, and intending to take the victim’s hand.

Accordingly, the defendant threatened the victim with his hand, which is a dangerous thing.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and damage) destroyed by the kacker, which is a dangerous object, as set forth in paragraph (1) at the time and place set forth in paragraph (1), that caused the victim C to get away from the table table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Seizure records;

1. Application of six on-site photographs in Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 283 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2008Da1

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the preceding);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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