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(영문) 부산지방법원 2015.03.27 2015고단468
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 December 1, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective intimidations, etc.) (collectively weapons, etc.) (hereinafter referred to as “victim”) and threatened the victim, on the ground that the victim D (the age of 37) was refused to enter the Defendant’s house located at the Defendant’s house located at Yangsan-si C apartment 301, 503, a singing practice room at his/her request, he/she was living in the victim’s side gate, a dangerous object in the kitchen, and a dangerous object in the kitchen.

2. On December 31, 2014, at around 22:00, the Defendant interfered with the business of the victim’s main point of “F” in the victim’s management of the five story in Busan Northern-gu, Busan, the Defendant interfered with the victim’s main business by force by blocking the victim from entering the victim’s main place of business by avoiding disturbance for about 30 minutes and 30 minutes, such as knifeing the fat, fat, fat, etc. with the victim’s fat, and fat, fat, and fatd the victim’s fat.

3. Damage to property;

A. On December 31, 2014, the Defendant destroyed the property damage by setting up five glass cups in the upper floor equivalent to KRW 20,000, at the time and place specified in paragraph (2).

B. On January 17, 2015, at around 01:30 on January 17, 2015, the Defendant destroyed the Defendant’s property damage by leaving the area as indicated in paragraph (2) on the ground that the victim would have hedging to the Defendant at the location as indicated in paragraph (2) of this Article, the Defendant destroyed the Defendant’s market price of KRW 40,000,000, totaled KRW 500,000, market price of KRW 100,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each protocol of statement to D and Acts and subordinate statutes governing the scene of damage;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Article 314 (1) of the Criminal Act; Article 366 of the Criminal Act;

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

1. The suspended execution is agreed with the victim under Article 62(1) of the Criminal Act; and

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