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(영문) 의정부지방법원 고양지원 2013.03.15 2013고단85
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. At around 21:40 on October 25, 2012, the Defendant: (a) sold the face of the victim D (the 20-year-old) who is an employee of the above store by drinking two times, on the ground that the Defendant was satisfying and drinking alcohols in Goyangdong-gu C while drinking and drinking alcohol; (b) sold the face of the victim E (the 58-year-old age-old), who was the satisfying owner, once drinking, twice the breast to drinking; and (c) the Defendant satisfying the Defendant out of his place of drinking; and (d) the Defendant satisfying the face of the victim F (the 25-year-old employee), who was the employee of the above satisfying household, once drinking.

As a result, the Defendant committed only 14-day therapy to the victim D, and caused the victim E to suffer an injury to the number of treatment days of treatment that results in a change in the melting type and type of melting type that need to be treated for about 21 days, and the victim F caused a change in the melting type and type of melting type.

2. The Defendant in violation of the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) threatened the victim by stating that “The victim is a deadly deadly, deadly weapon, etc., who is a dangerous object that had not been able to participate in the booming with the above victims at the same time and at the same place as paragraph (1).”

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning the statement of D, F, and E in the suspect examination protocol against the accused;

1. Statement of each police statement concerning F, D, E, and G;

1. Investigation report (H and I investigation);

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injuring each other, the choice of imprisonment), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act (the point of intimidation to carry dangerous articles);

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

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