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(영문) 울산지방법원 2014.09.19 2014고단342
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. Violation of the Punishment of Violences, etc. Act (Intimidation against groups, deadly weapons, etc.);

A. At around 00:01 on February 14, 201, the Defendant, at the Defendant’s house of Ulsandong-gu, Ulsandong-gu, 106 Dong-gu, 1209, 1209, the Defendant: (a) stated a kitchen, a kitchen, which was a dangerous object, with the victim’s “I will die well;” and (b) threatened the victim by carrying a dangerous object, showing a view that he would inflict any harm on the victim’s body.

B. At around 00:40 on that day, the Defendant continued to use glass cups at the above place, and thereby harming the victim’s head room, and harming the misunderstanding of the fraud material, thereby threatening the victim’s face, which is a dangerous object, and threatening the victim’s face, with the victim’s “hump to death of friendly parent house, and throw away the victim’s friendly consciousness.” As such, the Defendant carried a dangerous object and threatened the victim by carrying the victim’s body and property.

2. The Defendant assaulted the victim, by hand, on the ground that the victim E (the 13-year-old) who is a child at the time and place specified in paragraph (1) prevents the Defendant, by putting the victim’s head debt, pushing the victim into the floor.

Summary of Evidence

1. Some statements in the prosecutor's statement concerning F;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to investigation reports (reasons for an application for a provisional measure);

1. Relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (the occupation of intimidation to carry a deadly weapon) and Article 260 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment heavier than that imposed (a group, a deadly weapon, etc.) shall be imposed for a long term of the crimes above, which are prescribed for the crime of intimidation;

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