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(영문) 전주지방법원 군산지원 2015.06.24 2015고단419
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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. Around March 23, 2015, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) : (a) around 23:05, the Defendant, under the influence of alcohol from the main point of D located in Sinsan-si, Sinsan-si, the victim E (the age of 46) who was aware of drinking in other the table, was drinking in other the table, boomed two beer bottles on the floor of the main point; (b) boomed two beer bottles on the beer’s box; (c) broken off one another; and (d) boomed one another, boomed the following dangerous things as a hand, and threatened the victim with approximately 6c meters of a sick, which is a dangerous object."

2. The Defendant violated the Punishment of Violence, etc. Act (a group, deadly weapon, etc.) sustained the victim F (e.g., 55 years old) who was next to E in the event of intimidation at the same time, and at the same place as mentioned in paragraph (1) of this Article, the victim F (e.g., f., the victim’s knife knife) suffered the victim’s knife knife with the victim’s knife knife in the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of the photographic Acts and subordinate statutes;

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 (the occupation of intimidation to carry dangerous articles); Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous articles);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the consideration given in favor of the victims, such as the fact that he/she reflects wrongs, the extent of damage is not much severe, and the fact that he/she agreed with the victims smoothly);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed normal conditions favorable to the preceding);

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