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(영문) 수원지방법원 성남지원 2016.01.08 2015재고단41
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On November 28, 2013, the Defendant was sentenced to six months of imprisonment with prison labor and a fine of five million won on December 6, 2013 at the Suwon Friwon Friwon Friwon, and the said judgment became final and conclusive on December 6, 2013.

1. Special intimidation: (a) from around September 2012 to October 2012, 2012, the Defendant: (b) held in his hand a watch, which is a dangerous object prior to his possession on the ground that the victim D (at around 20:30 years old, 50 years old) was her attitude of disregarding the Defendant; and (c) held in his/her hand the victim as “this Chewing, dead.”

“In doing so, I had the same attitude to inflict any injury on the body of the victim.”

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

2. On July 2013, from around 14:00 to October 14:10 of the same day, the Defendant: (a) franched the victim F’s H restaurant in Gyeonggi-gu, Gyeonggi-gu, with a view to disregarding the Defendant, and (b) franched one another on the customer at the h restaurant of the victim F’s operation of Gyeonggi-si; (c) franched one another on the part of the customer; and (d) franched the victim on the part of the victim at the franch; and (d) franched the victim on the part of the franch; and (e) franched the victim on the part of the franch.

Accordingly, the Defendant interfered with the above restaurant business of the victimized person by force between about 10 minutes.

Application of Statutes

1. Relevant Article 284 of the Criminal Act, the choice of punishment for the crime, Article 284 of the Criminal Act, and Article 314 (1) of the Criminal Act: The choice of imprisonment with prison labor each;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

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