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(영문) 의정부지방법원 2014.05.26 2014고단919
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

1. The Defendant was the person who worked as the main kitchen in the car page “E” operated by the victim D(39 years of age) in the two weeks of the Gyeonggi-do.

At around 16:50 on March 16, 2014, the Defendant, while drinking alcohol, found in the above car page to the effect that the Defendant abused the Plaintiff at the time he worked in the car page, but the victim did not open the door, walked the door door door door, walked the door door door, and damaged the flow glass that could not be known to the market price due to the excessive disease around the car page.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) said that, at the time and place of the preceding paragraph, the Defendant discovered the victim and entered him/her, stated that, “the victim was “the victim who died of the front knife,” and she was “the victim who died of the front knife” in the front snife of the front knife.

Accordingly, the defendant threatened the victim's body, etc. as the victim's body was threatened.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to hear details of damage, telephone call, and statement);

1. Application of statutes, such as site photographs;

1. Articles 3 (1) and 2 (1) and 1 of the Act on the Punishment of Violences, etc. of Crimes, Article 283 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crimes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact of crime committed by the defendant), the fact that the defendant has agreed with the victim, details of the crime, circumstances of the crime, etc.);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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