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(영문) 창원지방법원 마산지원 2013.12.04 2013고단873
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

1. On September 17, 2013, around 02:25, the Defendant: (a) destroyed the property damage on a road at a point of approximately 300 meters near the street tunnel located in the Changwon-si, Masan-si; (b) the Defendant installed a damaged vehicle on the ground that the victim B (the age of 32) driven by the Defendant’s wife was turning on a pair and following the troke, and then damaged the damaged vehicle’s property at a point of at least 1,065,470 won for repair costs, at the price of the part on the left hand of the said Pot-gu vehicle at one time, where the Defendant’s wife gets on the steering of the car at the seat of the Defendant’s wife.

2. Violation of the Punishment of Violences, etc. Act (Intimidation of a deadly weapon, etc.) was committed by the Defendant on the same date, time, at a place, as set forth in paragraph (1), and on the same ground as set forth in paragraph (1), using the air of a hacker (60 cm), which is a dangerous object, and by threatening the victim by brushing the victim’s body, as it would inflict any bodily harm.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Written estimate of repair;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) 1 of the relevant Act on the Punishment of Violences, etc., Article 283 (1) and Article 366 (1) of the Criminal Act concerning the crime;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of crimes, etc.);

1. Part concerning the dismissal of prosecution under Article 62 (1) of the Criminal Act;

1. The summary of the facts charged assaults the victim by taking the victim’s face face face from the vehicle one time and at the same time and place as the above facts charged under paragraph (1) of the same Article.

2. Reasons for dismissing the public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act and Article 260 (3) and (1) of the Criminal Act.

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