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(영문) 수원지방법원 2015.04.22 2014고단4515
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. Around 01:50 on January 9, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectives, deadly weapons, portable weapons, etc.) came to fall under the drinking value from the 1st floor E stores underground in Suwon-gu, Suwon-si to the drinking-si. Around 01:50 on January 9, 201, the Defendant threatened the victim F (the age of 51) and the victim G (the age of 33) with a hazardous article in the kitchen.

Accordingly, the defendant carried dangerous articles and threatened victims.

2. In the time, place, etc. set forth in paragraph 1, the Defendant, while disputing the victims for the same reasons as that set forth in paragraph 1, was pushed down with the victim F, and was shakeing and shakeing the victim G ebbbage.

Accordingly, the Defendant inflicted an injury on the left side of the treatment days on the victim F, and assaulted the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Some statements in the police interrogation protocol concerning G;

1. Application of Acts and subordinate statutes to field photographs and household photographs used for committing a crime;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) and a violation of the Punishment of Violence, etc. Act (a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) against G with heavy circumstances);

1. Selection of imprisonment with prison labor for the crime of elective injury or assault;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments for crimes of violation of the Punishment of Violences, etc. with the largest punishment (a collective crime, deadly weapons, etc.)]

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 of the Criminal Act:

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