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(영문) 대구지방법원 상주지원 2014.05.27 2014고단115
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 115]

1. The Defendant, on January 22, 2014, embezzled a physical bank card (E) holding the victim D, who is an oil, at the place of 00:00 to 04:10, at the place of sloping-si (hereinafter referred to as Gangnam-si) and embezzled.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On January 22, 2014, at around 04:11, 2014, the Defendant purchased a ham, etc. at “H”, the representative of the victim G in Gangnam-si F, and delivered the other person’s ham card embezzled as referred to in paragraph (1) to an employee who is a legitimate holder of the two payments, and then purchased the ham, etc. from the employee, and then used the ham, etc. equivalent to KRW 900,00, and acquired the lost ham, etc.’s proprietary benefits by paying the said ham.

B. On January 22, 2014, the Defendant: (a) delivered the instant physical card to the J, an employee, by means of the said method at a marina business place with the victim I in Gangnam-si F, which was represented by the Defendant, at around 04:39 on January 22, 2014; (b) provided the said card to the J, who was an employee; and (c) provided the said card with the e-mail card, which was lost by settling the payment with the said e-mail card; and (d) obtained the pecuniary benefits equivalent to the said e-mail by removing the payment of the price for the said e-mail service.

3. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 2014. 3. 25. 23:30경 상주시 K에 있는 L 유흥주점 안 D룸에서, 그곳 여종업원인 피해자 M(33세, 여)와 함께 술을 마시던 중, 술에 취하여 별다른 이유 없이, 갑자기 피해자에게 “내가 병신 같아 보이냐, 내 직업이 무엇인줄 아느냐 ”라고 말하며, 양 손으로 피해자의 양 손목을 잡아 당겨 테이블 위로 쓰러뜨린 뒤 한 손으로 피해자의 손목을 뒤로 꺽은 다음 피해자의 몸을 눌러 피해자를 움직이지 못하게 하고, 다른 한 손으로는 피고인이...

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