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(영문) 부산지방법원 동부지원 2014.12.03 2014고단1875
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On June 24, 2014, at around 08:30, the Defendant destroyed the above guest rooms owned by the victim so that, while the victim was divingd without paying the price set forth in subparagraph 203 of Einline 203 operated by the victim D (the age of 72) located in Busan Metropolitan City, the Defendant destroyed the victim's room so that the victim's head can be discovered and broken up and sent out of the Defendant's head, and the door of the above female guest rooms can lead to an unrepair of the market price.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) and the date and time set forth in paragraph (1) at the place of the Defendant’s assault, took the knick knife, which is a deadly weapon, from the nearby recycling center, while the victim was scambling out of the victim and driving away the victim, and made intimidation by putting the knife, which

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

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 (see, e.g., Supreme Court Decisions 201Do139, Jan. 1, 201

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. The dismissal of prosecution under Article 62-2 of the Criminal Act

1. Around 08:30 on June 24, 2014, the summary of the facts charged was assaulted by the Defendant on the face and hair of the Victim D (year 72) in order to detect the Victim D (year 72) and send him out of the Defendant’s head to the outside.

2. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act.

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