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(영문) 청주지방법원 2014.09.18 2014고단785
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

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

On March 3, 2014, at least 05:45, the Defendant lent KRW 1 million from the Defendant to the two months, and instead did not receive phone calls. The Defendant sent the text message to the Defendant, “I expect that I would see that I would see it good for the Defendant,” and the victim confirmed the text message, “I would see I would am dead,” “I will am dead,” and sent to the Defendant, “I would am dead, I would am in front of the text of D Middle School located in Young-gu Seoul, B, Young-gu, B, the Defendant’s house, which is dangerous things (total length 32 m, 21 mmm, 21cm, 1m, mar mar 1) in order to use in wrapping with the victim.

피고인은 같은 날 09:00경 D중학교 정문 앞에서 피해자를 만났는데, 피고인이 소매 속에 회칼을 숨기고 있다는 사실을 눈치 챈 피해자가 피고인을 담벼락 쪽으로 밀면서 칼을 놓으라고 하자, 회칼을 빼앗기지 않기 위하여 소매 속에 회칼을 휴대한 채 무릎으로 피해자의 음낭 부위를 2회, 오른쪽 허벅지 부위를 1회 각 걷어찼다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A E-document;

1. Records of seizure and the list of seizure;

1. Application of text messages photographs and photographs under the Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The Defendant’s reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is 21cc in advance in preparation for fighting with the victim, while the victim, who borrowed money from him/her, failed to repay it.

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