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(영문) 춘천지방법원 강릉지원 2014.12.23 2014고단999
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around 05:50 on September 18, 2014, the Defendant: (a) reported the victim E, a company partner, who told him/her as unfolded at the D site located in C, and destroyed the victim’s property by driving a Fump trucking freight vehicle in order to prevent the front of the Defendant’s G dump trucking truck drivered by driving the Fump trucking vehicle; (b) by displaying the Defendant’s cargo loaded on the vehicle on the vehicle at the vehicle, he/she laid the left blicker and the driver’s seat on the left blicker of the victim’s vehicle; and (c) with the driver’s seat flicked with the driver’s hand, destroyed the victim’s property so that the flap 525,800 won can be carried.

2. The Defendant violated the Punishment of Violence, etc. Act (collectively, deadly weapons, etc.) cited iron divers (m: approximately 40-50 m in length) that are dangerous objects in the Defendant’s vehicle at the time and place specified in paragraph (1), and divers (m: approximately 40-50 m in length) to the victim E (55 years of age) who sited in the driver’s seat, “I will kn the driver’s knife”, and show the victim’s sound as “I will dnife and flick the nives of the nives.e., dangerous objects on the floor.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs damaged;

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 366 of the Criminal Act concerning criminal facts;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes within the extent that the punishment imposed for a violation of the Punishment of Violences, etc. which is heavier than the punishment is added to the punishment provided for in the aforesaid Article];

1. The fact that discretionary mitigation reflects the depth of Articles 53 and 55(1)3 of the Criminal Act, the fact that an agreement has been made with the victim, and the fine; and

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