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(영문) 춘천지방법원 영월지원 2014.06.13 2014고단111
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On February 11, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) took a bath, such as the victim DNA (the age of 63) who drinks alcoholic beverages at the main point of “C” located in Gangseo-gun Hyeong-gun B, and flabed next table, and flabed the victim’s bath, i.e., the victim’s blabing that the victim DNA (the age of 63) who was seated by drinking alcoholic beverages at the c.m., and c., the victim’s blabing and c., “p.s.s. pl.s.s., flabing the victim’s head,” and threatening the victim as the victim’s head.

E, the main point of the above main point, E, and Banbster F, who observed this, had a lebbricker F deducteds the lebrick, and the Defendant, a horseer, and the Defendant threatened the victim with the lebrick, which is a dangerous object on the table.

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

2. The injured Defendant, at the time and place indicated in paragraph 1, deducted e and f from e and F, and spawned the e and spawn disease, and inflicted an injury on the injured party, such as spawn salt, which requires approximately two weeks of treatment by spawning the ebbbbb.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Seizure records;

1. Application of Acts and subordinate statutes of a medical certificate;

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 (the point of injury and the choice of imprisonment with labor);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) Crimes in violation of the Punishment of Violences, etc. Act (referring to the scope of recommendations), intimidation (referring to repeated crimes, repeated crimes, special intimidation) and the area of mitigation (referring to four months of imprisonment or one year of imprisonment) (referring to a person who has been specially punished)

(b)inviting injury charges;

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