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(영문) 창원지방법원 진주지원 2013.04.09 2012고단1017

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On October 31, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Jinwon District Court's Jinju branch on October 31, 2008, and completed the execution of the sentence on May 1, 2010.

【Criminal Facts】

1. On March 6, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) and threatened the victim’s body to a knife the victim’s body, as the victim’s knife knife knife, which is a dangerous object prepared in advance, knife the victim’s body, on the ground that the Defendant was deprived of the female employees F of the main knife from the victim E in Sacheon-si, Sacheon-si on the ground that the Defendant was deprived of the female employees F of the main knife from the victim E.

2. Around March 11, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) was destroyed by a knife set forth in paragraph (1) that is a dangerous object, such as the front and rear glass, front and rear glass of the hina car owned by the victim E, which was set up in a knife in a knife knife in a knife set of paragraph (1) for the same reason as that of paragraph (1) at the Garmo parking lot located in Sacheon-si, Sacheon-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Statement to E by the police;

1. A criminal investigation report (general);

1. Written estimate;

1. Previous convictions in judgment: Criminal records, investigation reports, confirmation of repeated crimes, current status of confinement/taking by individuals, and application of respective statutes of judgment;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 283 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The sentencing of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (i.e., the agreed circumstances) is to be taken into account.