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(영문) 광주지방법원 순천지원 2013.04.25 2012고단3360

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 or 2 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On April 28, 2010, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Gwangju District Court's net support on April 28, 2010. On January 26, 2011, the Defendant was sentenced to a suspended sentence of 10 million won for obstruction of performance of official duties, etc., and was sentenced to a suspended sentence of 10 million won by the Gwangju District Court.

1. Around 18:40 on December 2, 2012, the Defendant found the victim C (the age of 66) at the house of the Victim C (the age of 18:40 on 18:40 on 18:2, 2012) who was under drinking together with the victim, and was under drinking together with the victim, and was exposed to stress by the victim in advance at the right development complex (the knife length is 30cm, the knife length is 18cc) and threatened the victim by taking the knife (the knife is 30cm, the knife length is 18cc) and then threatening the victim.

2. Around 22:00 on December 22, 2012, the Defendant re-exploited the said victim C’s house, but the victim did not have, on the ground of the occurrence of the fire, and the shape, even part, etc. of the Dpoter vehicle parked at the same location on several occasions with a knife (43cm in blade length, 30cm in blade length) and affixed a seal on the knife, and then damaged the property in order to have the knife in front of the knife amounting to KRW 275,072.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Seizure records;

1. Photographs of damaged vehicles;

1. Application of the written estimate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; 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 same Act; Article 366 of the Criminal Act concerning a crime;

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

1. The victims under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are the victims;