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(영문) 수원지방법원 2014.12.11 2014고단5719
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)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. On October 4, 2014, around 08:30 on October 4, 2014, the Defendant obstructed the victim’s restaurant business by avoiding disturbance for about 25 minutes, and by force, interfered with the victim’s restaurant business, on the ground that the Defendant: (a) d'D’ restaurant operated by the victim C in Osan-si, Osan-si; (b) d'D' restaurant drinking alcohol; and (c) the victim was satisfing himself/herself; and (d) the victim was satisfing.

2. Around 10:35 on the same day, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) put a knife knife knife knife knife knife knife (22cc in total length, 9cc in knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act concerning the crime (the point of interference with business, the selection of imprisonment with labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing guidelines do not apply to the concurrent crimes under the former part of Article 37 of the Criminal Act with respect to the crime for which the sentencing is based on Article 48(1)1 of the Confiscation Criminal Act, which reflects the defendant's wrongness, there is no record of punishment exceeding the fine, and for which the recommended sentencing guidelines for threats to carrying deadly weapons are not set.

Types 4 (Habitual, Cumulative, and Special Intimidation) of the Punishment Zone (4 months to 1 year), special mitigations; including voluntary efforts for the recovery of damage or damage.

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