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(영문) 수원지방법원 성남지원 2014.05.02 2013고단2681 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 04:00 on September 12, 2013, the Defendant performed drinking, such as the Defendant’s house located in the Defendant’s house located in Sungnam-si C2, Sungnam-si, and the Victim E (V, 22 years old) living together with the Defendant, while drinking alcohol, from the victims about the erroneous portion of the past D, the Defendant was suffering from the victims, and the Defendant was released from the victim, and the Defendant was frighted with the soldiers on the wall to the victim, thereby threatening the victims with the shoulderer’s disease, which is a dangerous object to the victims, and threatened the victims with the shoulderer’s disease, which is a dangerous object to the victims, and the victim E going beyond the victim’s E, and put the victim E into the fourth finger hand, which requires the left-hand treatment for about six weeks.

Around 11:00 on January 12, 2014, the Defendant damaged TV equivalent to approximately KRW 700,000 by putting the Defendant’s cell phone on TV installed on the wall and putting the monitor up on TV in the room, on the ground that the Defendant was refusing to get mixed accommodation between the minors and the Defendant who had been on the part of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol and written diagnosis of the police suspect regarding E;

1. Statement made to D by the police;

1. Application of G’s written statements, field photographs-related statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 36 of the Criminal Act concerning a crime;

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

1. Selection of imprisonment with prison labor for the crime of elective bodily injury, and damage to property;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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