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(영문) 춘천지방법원 강릉지원 2017.03.29 2016재고단21
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Before the latter part of Article 37 of the Criminal Code] Defendant was sentenced to imprisonment with prison labor for a crime of intimidation on special existence on December 1, 2016 by this court, and the judgment was finalized on March 9, 2017.

[Criminal facts]

1. On August 18, 2013, the Defendant: (a) while drinking alcohol before “E” operated by the victim D (V, 55 years of age) located in Gangseo-si (hereinafter “E”); (b) entered the upper part of the foregoing, and carried a knife with a deadly weapon, a deadly weapon in his/her possession, and carried the victim without any justifiable reason; and (c) “Anywhere he/she went to the victim.”

In other words, the victim was threatened, and later went out of the upper point, and again, the victim made the victim’s intimidation, stating, “If a report is filed with the police of the Republic of Korea, it would be necessary to die later.”

2. The injured Defendant, at the same time and place as the above paragraph 1, refers to 60 years of age from the Victim F (F). “I knife knife knife knife knife

In order to hear the horses, “I am,” “I am, I am, I am, I am, I am, I am, I am, I am, I am, am bomb, and ambling the victim’s face once by drinking, and ambling it into the floor by hand, and the victim suffered injury, including four or more embages, which require approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each part of the protocol concerning the examination of the police officers against the accused such as D and F;

1. Statement made by each prosecutor and police with respect to F and D;

1. Police seizure records;

1. Photographs of deadly weapons, each of the most damaged parts of the F;

1. Each investigation report (to hear statements from each telephone with respect toG and H);

1. Each injury diagnosis certificate, diagnosis certificate, and medical record;

1. Records before judgment: Application of the defendant's legal statements Acts and subordinate statutes;

1. A point of intimidation as a result of the pertinent Article of the Criminal Act and a special threat as to the determination of the choice of punishment: A point of injury as prescribed by Articles 284 and 283(1) of the Criminal Act (the choice of imprisonment): Article 257(1) of the Criminal Act (the choice of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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