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(영문) 창원지방법원 진주지원 2013.08.28 2013고단426
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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. The Defendant who injured the victim B is the one divorced between the victim B (n, 32 years of age) and the two months of age.

At around 22:10 on March 12, 2013, the Defendant demanded that the victim comply with the judgment at the victim's house located in Jinju City C, but the victim refused it, and the victim refused it, and caused an injury in the number of treatment days by taking care of the victim's entrance to a drinking once.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) against the victim D, at the same time and place as above, destroyed the windows of the victim D (the age of 43) who was outside of the village of B with drinking glass on the ground that the victim D (the age of 43) met, and threatened the victim with the shoulder glass view, which is a dangerous object, above the part of the victim, and threatened the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning B;

1. Application of statutes on photographs of damage;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (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 (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Jan. 1, 201; Supreme Court Decision 201Do1298, Feb.

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Social service order under Article 62-2 of the Criminal Act;

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