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(영문) 수원지방법원 평택지원 2016.02.17 2016고단12
특수폭행등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. A special intimidation: (a) on October 28, 2015, the Defendant: (b) purchased a kitchen (15cm in length of the blade) which is a dangerous thing in a marina near the said game room; and (c) took the kitchen (15cm in length of the blade) in the same game room; and (d) committed an act that would inflict bodily harm on the victim’s life and body by taking the same part of the part of the said game room and the part of the victim’s, “I will close the E-game room”, by taking the same as “I am and the E-game room.”

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

2. The Defendant, at the time and place specified in the foregoing paragraph 1, citing the kitchen knife as above, booms, and walking with a large amount of garbage generated in the game room, and play a game at the same time, “the business was completed.”

(a) To abandon an inner part of the ship;

"," and the kitchen knife the kitchen knife in the side of the customers, etc., sent approximately 15 minutes of the disturbance to the customers who play the game in the above game, and let them go out of the room.

Accordingly, the Defendant interfered with the victim's game room operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to investigation reports (report on telephone conversations between witnesses);

1. Articles 284, 283 (1) (a point of special intimidation) of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Where the applicable sentencing guidelines for the crimes of Class 1 (Obstruction of Duties) [the scope of recommending punishment] is extremely poor in the area of aggravation (one year to three years) (one year and six months) of the area of aggravation (a special aggravation of punishment] of the Criminal Act, the second crime (Assault) [the scope of recommending punishment].

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