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(영문) 수원지방법원 평택지원 2014.12.18 2014고단179
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On December 22, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Suwon District Court, and completed the execution of the sentence on April 14, 2012 at the Pyeongtaek District Housing Site.

【Criminal Facts】

1. Around early 02:50, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) stated that the “Ekum Points operated by the victim D (the age of 48) who was in Pyeongtaek-si C” was “the victim,” and that “the victim was frighter,” and the “frighter, i.e., a dangerous object at the scene, b., why he was frighter, she would pay to frighter, so as to cause bad frighter,” and then threatened the victim, i.e., the victim, who was a dangerous object in Pyeongtaek-si C, to escape from the victim.

2. On August 8, 2014, at around 19:30, the injured Defendant suffered injury, such as franchising and franchising feling f, and franchising fel in “G main stores” operated by the Defendant, with an employee H (n, 20 years of age) and a franchising monthly dispute with the victim H (n, 20 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. Photographs and diagnostic certificate;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as inquiry reports and written judgments;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the defendant's act that led to the crime of this case during the period of the repeated crime after being sentenced to imprisonment with prison labor for the same kind of crime of sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes, cannot be deemed to be poor and to be less severe.

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