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(영문) 서울서부지방법원 2012.11.28 2012고단855
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 17:00 on April 9, 2012, the Defendant committed assault, such as assaulting the victim’s neck by hand, during the dispute of Si rain, when the victim D (here, 45 years of age) was parked in the front of Eunpyeong-gu Seoul Metropolitan Government for the purpose of collecting high water owned by the Defendant.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) broken a beer’s disease at the same time and place as that of the preceding paragraph, and putting the beer’s falling under any dangerous object, thereby threatening the victim E (a person aged 75).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Each protocol of examination of partial police officers against the accused (including each part of E and D's statements);

1. Examination protocol of police suspect regarding D;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to investigation reports and photographs of the site of the case;

1. Relevant Article of the Criminal Act, Article 260 (1) of the Criminal Act that applies to a crime, the choice of a punishment, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (a crime of intimidation 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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