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(영문) 전주지방법원 남원지원 2016.02.02 2015재고단10
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Bodily Injury) in the support of the Southern District Court of the Jeonju on February 10, 2015, and such judgment became final and conclusive on June 13, 2015.

1. On October 25, 2013, while under the influence of alcohol around 08:50 on October 25, 2013, the Defendant: (a) entered the victim D (E) E (E) with the victim D (E) under the influence of alcohol; and (b) heard the horses that “I have come to the house, so I would have come to drink”; and (c) I would like to hear the horses that “I would drink Ne B.

Before doing a bath, the term “the victim” refers to “the victim,” and divers (42 cm in total length, 29 cm in length on the day) were collected, which is a dangerous object that had been located therein, and tried to see the victim.

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

2. Special intimidation: (a) the Defendant continued to take a pipe (64 cm in length, 5 cm in diameter) which is a dangerous thing in question; and (b) threatened the victim F (47 cm) of the Victim F (5 cm in the face of Batoba) who was in the face of raba in the face of raba in the face of raba without any justifiable reason, with the victim’s back to the said Baba.

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

3. For about 20 minutes at the time and place specified in paragraph 1, the Defendant: (a) threatened the victim D and the customer F with a dangerous object as described in paragraph 1; and (b) interfered with the victim’s operation by force by avoiding disturbance, such as taking a large voice and taking a bath; and (c) interfered with the victim’s operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. A report on internal investigation:

1. Previous conviction in judgment: Application of the text of the judgment;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260(1) (a) of the Criminal Act that prescribes the choice of punishment (a special assault, choice of imprisonment with prison labor), Articles 284, 283(1) (a) of the Criminal Act, Article 314(1) of the Criminal Act (a special intimidation, choice of imprisonment with prison labor), and Article 314(1) of the Criminal Act (a) (a) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The aggravated Criminal Act for concurrent crimes.

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