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(영문) 수원지방법원 2012.12.26 2012고단3898
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

Around 12:50 on July 18, 2012, at E office operated by the victim D (year 47) of the victim D (year 47), the Defendant: (a) supplied 500 copies of the victim’s market price in the E office operated by the victim D (year 47); (b) demanded the victim to pay the remainder by failing to deposit 1,690,000 won or more; (c) made two times the victim’s inner part of the victim’s inner part as the hand or left part of the city; and (d) committed assault by assaulting the victim’s neck with the victim’s neck, thereby causing injury to the victim, such as the right upper part, which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D and F;

1. Examination protocol of the accused by prosecution;

1. The application of Acts and subordinate statutes to photographs of damaged parts and the written diagnosis of injury;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

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

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] The general injury [Determination of the recommended sphere] Basic Field [Scope of Recommendation] from April to June 1st [Scope of Punishment] - The elements for mitigation of punishment: the serious half [Scope of Punishment: the applicable provisions of statutory punishment: January to 7 years in Criminal Act] - Reasons for general participation - negative (not less than two times of suspended sentence): negative (decision of a sentence): positive (decision of a sentence of punishment); considerable amount of deposit) - The defendant who has a criminal record, such as punishment due to the same criminal act, was repeated again, and has not been agreed with the victim until this Court reaches this Court.

However, in consideration of the favorable circumstances such as the fact that the defendant repents the defendant's wrong, the fact that the crime of this case is considered as a contingent crime, and deposit three million won for the recovery of damage in this court, the community service order shall be implemented.

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