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(영문) 대전지방법원 천안지원 2014.10.16 2014고단883
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six 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

At around 16:30 on April 8, 2014, the Defendant, while drunk in a 'D' restaurant located in Asan City, coming to the other customers, coming to the 'D' restaurant and coming to the 'D' restaurant, coming from the victim E (the 59 years old), who is the business owner, was faced with the beer's disease, which is a dangerous thing, and left the beer's to the beer's to the beer's beer's beer.

(1) The death penalty shall be discarded;

I am I am.

It refers to ‘the victim' and ‘the victim's part of the ship was threatened as the victim's part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes concerning reports on the occurrence of violence and on-site photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant threatened the victim by using the beer's disease, and the quality of the crime is not weak in light of the method of the crime and the attitude of the act.

On the other hand, however, the punishment as the order shall be determined by taking into consideration the fact that the defendant has a depth of mistake, the fact that the victim has sought a letter of tolerance and agreed smoothly, the primary offender, the age, character and conduct, environment, etc. of the defendant and all other circumstances.

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