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(영문) 울산지방법원 2015.05.22 2015고단612
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On February 24, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at D main points operated by the victim C (nive, 59 years of age) in Ulsan-gun, Ulsan-gun on February 23, 2015, the Defendant was unable to make a disturbance while making a report to the police station on the victim under the influence of alcohol, because he was unable to make a disturbance because he did not have the drinking value due to drinking. The Defendant was blive with the name-free customer on the job.

Accordingly, the defendant, who is in the face of the foregoing main point of the defendant's work, took a knife for cooking ( approximately 30 cm in length, approximately 20 cm in blade length) which is a dangerous object, and took a bath to the victim and the victim. The victim and the non-resident in his name feel fear, evacuates into the above main point, evacuates the knife of the knife and the knife of the knife of the knife and the knife of the knife and threaten the victim.

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

2. Around February 24, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., destruction and damage, etc. of a deadly weapon) and damaged the free door door of 100,000 won at a market price by threatening the victim at the above place, and putting about about 300 cm in length, which is a dangerous object, again finding him/her as the above main place.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Photographs of the damaged site;

1. Application of Acts and subordinate statutes to report on investigation (to hear victim's telephone statements);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the occupation of causing damage to carry dangerous articles);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation;

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