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(영문) 전주지방법원 군산지원 2015.09.17 2015고합67
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

At around 05:35 on May 1, 2015, the Defendant, at the “F” restaurant operated by Ma living together with the said E and his/her former E and his/her female, was punished by the victim’s verbal dispute with the said E and the Defendant, who met this, was able to have the desire to talk.

The Defendant, “I Madern, I am dead,” refers to “I am dead,” and instead, I am the knife, which is a deadly weapon, as his hand, and threatened the victim.

At around 06:10 on the same day, the Defendant continued to place a beer’s disease, which is a “hazardous object,” in front of the above restaurant, on GUP car, which is owned by the victim.

Accordingly, the Defendant, carrying a deadly weapon, thereby threatening the victim, and damaged the car owned by the victim, which is approximately KRW 981,640.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. A report on investigation (Attachment of photographs), and a report on internal investigation (Attachment of photographs);

1. The application of the written estimate (if the defendant cited the knife in the main room, the victim had already been out of the restaurant. However, according to each legal statement of C and E, the victim, according to C and E, who is a witness, the victim, it is recognized that the victim inside the restaurant gets out of the restaurant that the defendant gets out of the damaged restaurant. Thus, the defendant's above assertion is rejected).

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 283 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The promotion, etc. of an action to dismiss an application for compensation;

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