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(영문) 대구지방법원 2014.02.06 2013고단6049
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant, at around 18:00 on August 19, 2013, was an employee of the escort guard company B, and the victim D (34 years of age) and Si expenses for passenger cars from the street in front of Daegu-gu, Daegu-gu, about the road traffic problems, the Defendant: (a) threatened the victim with the victim with the gas gun, which is a dangerous object used for the purpose of business in the Pyeongtaek-gu, by opening a window for the driver’s seat of the escorting security vehicle operated by the Defendant; (b) threatened the victim with the gas gun, which is a dangerous object used for the purpose of business in the Pyeongtaek-gu, with the view of seen above the victim’s face; and (c) assaulted the victim with the gas gun after getting out of the vehicle with the consent of the gas gun, with the gas gun added with the rate from the gas gun to the dangerous object.

2. In the temporary location of the preceding paragraph, the injured Defendant: (a) taken off the vehicle from the vehicle as mentioned in the preceding paragraph; (b) taken the victim’s face one time with the hand floor; and (c) taken the victim’s side gate part once with a stringer, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. D's legal statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to gas guns used for criminal conduct);

1. Relevant Article of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of violence against carrying dangerous articles), Article 257 (1) of the Criminal Act and the choice of fines for the crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is in depth of his mistake, and the degree of damage to the victim has been easy, and the victim has been fully agreed with the victim. The first offender is the defendant's age, character and behavior, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and various reasons for sentencing as shown in the oral argument such as circumstances after the crime are considered.

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