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(영문) 서울동부지방법원 2015.10.22 2015고단2266
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 00:05 on May 4, 2015, the Defendant, at the “C” restaurant where the Defendant works in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “C”), sent food from the victim D (24 years of age) who found the place to the victim D (24) that the Defendant was unable to do so and did not do so, she considered him as a dangerous thing ( approximately 42 cm in total length, approximately 30 cm in daily length, and approximately 30 cm in daily length) in his/her hand and expressed the same attitude that he/she would inflict any bodily harm on the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. At the time and place of the entry in the preceding paragraph, the Defendant suffered injury to the victim by hand, on the same ground as the entry in the preceding paragraph, such as salt, tensions, and so forth that it is necessary to treat the victim for about 14 days, so far as it is difficult to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes governing seized articles;

1. Relevant Article of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 257(1) (a) of the Criminal Act, and the choice of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows: (a) comprehensive consideration of the circumstances and contents of each of the crimes of this case; (b) degree of damage; (c) the degree of damage has not been recovered; (d) the victim has not been agreed upon; (c) the confession and reflect has no criminal record; (d) the defendant's age, career, health condition; and (e) the circumstances revealed in the arguments

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