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(영문) 대구지방법원 2013.03.29 2012고단5733
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. On March 17, 2012, on the ground that the Defendant did not pay money borrowed by the obligor C, the Defendant called “C with the content of “Chump dyp dyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp,” etc., and committed an act detrimental to the peace of private life by repeatedly phoneing C at a total of 105 times from around that time to March

2. On March 14, 2012, at around 16:16:16, the Defendant found the victim’s (the debtor 32 years of age)’s punishment in Daegu Suwon-gu Office for the collection of claims, and found the victim to output the details of the passbook transaction to the victim’s office, and had the victim expressed that “I died of the patient’s body, which is a dangerous object of the victim’s head (30cm in length).”

As a result, the Defendant committed debt collection activities using force, such as assaulting the debtor, and inflicted bodily injury on the victim, such as the impairment of 2 feet that requires medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, F, and C;

1. Each investigation report (Analysis of telephone details and hearing statements from victims);

1. Application of the Acts and subordinate statutes to a report to cut CCTV images and to prepare a transcript thereof;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The act of undermining the privacy of the debtor: Articles 15 (2) 1 and 9 subparagraph 3 of the Fair Debt Collection Practices Act;

(b) The act of collecting claims by force: Articles 15 (1) and 9 subparagraph 1 of the Fair Debt Collection Practices Act.

(c) The occupation of inflicting an injury upon a deadly weapon: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

1. The Criminal Act among concurrent crimes.

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