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(영문) 수원지방법원 2012.10.26 2012고단2170
폭력행위등처벌에관한법률위반(상습공갈)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 24, 2008, the Defendant was sentenced to a suspended sentence of two years for a violation of the Punishment of Violences, etc. Act (organization and activities of organizations) at the Suwon District Court for one year on April 1, 2008, and the above judgment became final and conclusive on October 29, 2008 as sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. Act (joint injury). On November 6, 2008, the above judgment became final and conclusive on November 6, 2008 in the same court and was subject to the revocation of the said suspended sentence on March 12, 2009 by the same court. On April 13, 2009, the same court was sentenced to six months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) and completed the execution of each of the above sentence on February 24, 201, and was sentenced to a suspended sentence of ten years for a violation of the Act on Punishment, etc. of Violences, etc. (hereinafter referred to the same Act).

1. 피고인은 2012. 3. 20. 01:00경 수원시 팔달구 C 소재 D 주점에서, 피고인이 가져온 휴대폰의 실제 판매가격을 속였다는 이유로 발로 피해자 E(23세)의 양쪽 정강이를 약 10회 걷어찼다.

2. On April 1, 2012, the Defendant stated, “Around 03:53, the Defendant, by telephone, that the Defendant did not find at a laundry the Defendant’s laundry that the Defendant was suffering from the marriage ceremony and did not look at the Defendant’s laund at the laundry.”

Accordingly, the defendant habitually assaulted and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Images of each photograph (investigative records No. 34);

1. A previous record of judgment: A statement of inquiry, inquiry, and investigation report (in addition to a report, such as a written judgment, etc.);

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of crimes, details of crimes, etc. in the judgment;

1. Article 2 (1) 1 of the Punishment of Violences, etc. Act and Articles 260 (1) and 283 of the Criminal Act concerning a crime;

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