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(영문) 인천지방법원 2015.04.08 2014고단7804
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around July 30, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) (collectively, deadly weapons, etc.) stated that, around 22:55, the Defendant shall be placed in the main room operated by the victim D (here, 53 years of age) located in Seo-gu Incheon, Seo-gu, Incheon, that is, dangerous things in the kitchen on the ground that the victim is faced with the credit rating problem of the Defendant, and the Defendant shall be placed in one kitchen-car ( approximately 21cm in the blade length, approximately 34.5cm in the total length), and one knife ( approximately 17.5cm in the blade, approximately 29.5cm in the total length, about the whole length), and shall be placed in one hand, and the Defendant shall be called

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant interfered with the business of the victim D’s bar business by force for about 20 minutes by leaving the customers who want to enter the main place of the disturbance with the kitchen and the knife with the kitchen and the knife at the time and place described in paragraph (1).

3. Around July 30, 2014, around 23:15, the Defendant insultd the victim publicly by openly brupting the victim E at the place indicated in paragraph (1), the background E belonging to the Incheon Western Police Station, the background of the situation where the Defendant was dispatched after receiving the report 112, and the victim E at the place where the Defendant’s friendship was located, etc., to ask the Defendant about the circumstances of the instant case, and the Defendant’s friendship.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement prepared by E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 3 (1) and Article 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 311 of the Criminal Act concerning the punishment of crimes (a point of interference with business, choice of imprisonment), Article 311 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. The defendant on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, such as intimidation of the victim with a deadly weapon during the period of suspension of execution.

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