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(영문) 대전지방법원 공주지원 2015.04.28 2015고단57
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant, on January 24, 2014, sentenced four months to imprisonment with prison labor for the crime of interference with business in the Hongsung Branch of the Daejeon District Court for the same year.

4. 23. The execution of the sentence was terminated, and on October 30 of the same year, a summary order of KRW 2 million was issued from the same support to the same crime.

【Criminal Facts】

1. 폭력행위등처벌에관한법률위반(집단흉기등협박) 피고인은 2014. 12. 5. 15:10경 충남 C에 있는 'D' 음식점에서, 손님인 피해자 E(여, 56세)에게 ‘혼자 사는 과부냐, 난쟁이 좃찌리 만한 게, 집안이 다 난쟁이 집안이냐.’라고 말하여 피해자로부터 항의를 받게 되자, 피해자를 향해 ‘이 씨’라고 말하면서 소주가 들어 있는 소주병을 손에 든 채 때릴듯한 태도를 보이고, 계속하여 ‘이 씹 할 년, 사람 시켜 가지고 죽여버릴까.’라고 말하여 피해자로 하여금 겁을 먹게 하였다.

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

2. On March 12, 2015, at around 00:20 on March 12, 2015, the Defendant: (a) at the “H” restaurant operated by the Victim G (W, 41 years of age) in Chungcheongnam F; (b) when the Defendant got sick by the Defendant’s order, he left the floor by hand without any special reason; and (c) she wishes to see the victim as “I want to see the victim in drinking, she will she will see in drinking, and she will live in drinking.” On the other hand, the Defendant continued to put the tree number her table on the customer by hand, and she was frighted from the customer for about 30 minutes, such as taking back the string of strings on the customer.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, E, and I;

1. On-site photographs of a cafeteria;

1. Investigation reports (Hearing statements, etc. by shots), and investigation reports;

1. A previous conviction in judgment:

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