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(영문) 대구지방법원 2015.04.07 2014고단4075
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a person who was suffering from the victim’s “Eel” 103 from the “Eel” of the victim’s operation in Daegu Northern-gu C, and was found to have a defect in the Defendant’s demand that “if the victim becomes at the maturity of this month, the room shall be deducted” and the victim’s complaint was raised.

On July 1, 2014, around 13:00, the Defendant: (a) taken the window of the information room under the influence of alcohol in front of the information room; (b) took the window of the information room under the influence of alcohol, and (c) took the part of the victim, who was a customer, and (d) took a bath to the customer, and (e) took the part of the victim’s contact with the customer, and (e) made the victim enter the Defendant as 103.

Accordingly, the Defendant continued to gather 103 of the above Maurel 103 and threatened the victim with “saging down,” and the victim reported to the Defendant and reported to 112, thereby having the police dispatched to the scene.

At this time, when the victim explained the police officer of the nature of his own portrait, the Defendant: (a) breath and excessive nature, which is a dangerous object in a sudden room, and (b) breathing the victim, and (c) breathing the victim, and made it impossible for customers who were entering the burging with the victim to enter, by threatening the victim as a burging with the victim.

Accordingly, the Defendant, by force, interfered with the victim's mother business, and threatened the victim by carrying dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of recommendations according to the sentencing criteria (the scope of recommendations);

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