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(영문) 제주지방법원 2015.10.16 2015고단410
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant of "2015 Highest 410" had been living together with the victim C (V, 55 years of age).

At around 04:26 on February 20, 2015, the Defendant: (a) brought about the victim’s house located in Seopopo City Drat A 308, Seopo City Dratis 308; and (b) brought about the victim, who is an object dangerous to her, under the influence of alcohol (4.5 cm in total length, 22.5 cm in length, and 22.5 cm in length), and expressed the victim’s desire to “I am this pair-year, I am dead; and (b) assaulted the victim two times in drinking the victim’s face.

"2015 Highest 1090"

1. On April 25, 2015, the Defendant was provided with alcoholic beverages worth KRW 300,000,000, in total from the victim F’s “G” ran tavern in Jeju, and alcoholic beverages, despite having no intent or ability to pay the price even after being provided with alcoholic beverages, the Defendant ordered the victim as if he were to pay the price, and received alcoholic beverages equivalent to KRW 300,00 from the victim.

2. The Defendant interfered with business by drinking alcohol at the time and place specified in paragraph (1) and then asked the victim to pay the price, and raised the complaint to the victim, and made the victim a large interest, such as “I am, I am aware of the previous criminal records, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, and I am am, I am am, and interfere with the victim

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes No. 1 of seized evidence;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Articles 261 and 260 (1) of the Criminal Act (the point of special violence), Article 347 (1) of the Criminal Act (the point of fraud), Article 314 (1) of the Criminal Act (the point of interference with business), the selection of imprisonment with prison labor;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Probation;

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