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(영문) 청주지방법원 2015.08.27 2015고단430
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On October 16, 2014, at around 01:20, the Defendant damaged the property damage and the Defendant: (a) in the “Dkbook” operated by the Victim C (FF) in Jincheon-gun, Jincheon-gun; and (b) in dispute with E by finding out a female E working at the same time as his employee; (c) in this case, the Defendant saw the Defendant as “drawing time during which his business is bad; and (d) on the ground that the Defendant’s refusal to do so would have a sound, the Defendant saw the Defendant as her hand, she was flicked with a meal table in a size of KRW 20,00 in the market value, which is the victim’s possession; and (d) on the other hand, the Defendant continued to control the Defendant, and she was fleeped with the victim’s cocon with the victim’s share that she fleeped, and then the victim’s bones was fleeped once at one week.

2. From around 01:53 on the same day as above, the Defendant threatened the victim, such as the following: (a) the kitchen gate, which is a dangerous object possessed by the Defendant’s house on the ground that it does not unsatisfy with male customers, such as the said paragraph (1) and (2) of the same day; (b) the kitchen gate (the total length of 29.5cc, the blade length of 18cc, and No. 1) on the part of the victim, and the victim’s sound, “I am young gue at the time when I am, I am all dead, and I am dead.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement of C and E;

1. Records of seizure and the list of seizure;

1. A written answer;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to photographs, such as site;

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (a point of intimidation to carry dangerous things) of the choice of a punishment for a crime;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the most serious;

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