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(영문) 춘천지방법원 강릉지원 2015.10.30 2015고단777
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 26, 2014, the Defendant damaged the property by removing a banner owned by the victims 14 times in total as shown in the annexed list of crimes on the same day on the same day, on the following day: (a) the Defendant: (b) reported the banner owned by the victim E (the 47-year-old) installed in the pents; (c) on the ground that the banner is installed even if the place where the banner is not installed, it was installed. (d) on the same day, the Defendant destroyed the property by removing the banner owned by the victims 14 times in total as shown in the annexed list of crimes.

2. A special intimidation: (a) around 10:30 on September 28, 2014, the Defendant: (b) taken photographs of the Defendant’s vehicle parked in front of the Defendant’s shop on his own mobile phone; and (c) took the Defendant’s photographed of the vehicle in front of the shop; and (d) whether the victim “influences the victim’s photograph, and inflict damage on the victim’s body”; and (c) “I am son, I am son, I am son, I am son, I am son, I am son, I am son, and I am son, a dangerous object with the Defendant’s upper part ( approximately 9cm a day length) and took the same attitude to inflict any injury on the victim’s body as I am with the victim.

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

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each police statement made to G and I;

1. Each statement of J, E, G, K, L, M, N, P, Q, R, S, and T;

1. Application of seized articles, relevant photographs, and relevant Acts and subordinate statutes;

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 36 of the Criminal Act and Article 366 of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. There is no criminal conviction or heavier under Article 62 (1) of the Criminal Act, and the person is treated as a mental illness;

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