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(영문) 제주지방법원 2016.01.14 2015고단1093
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[2015 Highest 1093] The Defendant at around 09:40 on June 18, 2015, the victim E (3) discovered that the Defendant’s dispute over the Defendant’s employees and horses at the rest of the D partnership corporations located in Western-si C, Seopo-si on June 18, 2015, and said, the Defendant did not state the horses without permission.

피고인을 만류하는데 화가 나, 피해자에게 “ 장작 개비로 모 솽 설 러 블라. 씨 발 새끼 너는 말이야 죽이면 영창 7년이면 나와. 이 새끼야 알았어

The brush theory is that "the brush, brue, brue, brue, 21.5cm, 1m 30cm in brue length, and 1m 30m in brue length), which is a dangerous object outside the place of the brush, died of "the brue, brue, brue, brue, brue of this brue in the south of the Marine Corps."

This kind of action, such as the term “Ie .......”, was engaged in the same conduct as doing any harm to the victim.

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

[2015 High 827] On May 26, 2015, the Defendant used the victim’s face at the D office located in Seogpo City C around 11:50 on May 26, 2015, and used conversations between the victim F (56 years of age) and F (56) on the preparation of work log, and assaulted the victim at one time on his/her hand.

Summary of Evidence

[2015 Highest 1093]

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Recording notes;

1. Relevant photographs (2015 high class 827);

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (the point of intimidation to carry dangerous articles, the choice of imprisonment), and Article 260(1) (the point of violence and the choice of fines) of the Criminal Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) and (2) of the Criminal Act on the stay of execution ( considered in favor of the reasons for sentencing as follows);

1. The crime of special intimidation on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act is committed in the order of provisional payment.

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