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(영문) 창원지방법원 밀양지원 2015.10.08 2015고단295

폭력행위등처벌에관한법률위반(상습집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On January 2, 2014, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Changwon District Court’s smuggling support on January 2, 2014, and completed the execution of the sentence on November 17, 2014.

On August 3, 2015, at around 22:47, the Defendant, while drunkly drinking in the “E” restaurant operated by the victim D, who was in the Republic of Korea, and was living in the same place as a dangerous weapon (the total length of 29cc, the blade length of 17cc). On the other hand, the Defendant: (a) expressed the victim D and the insular customers with a food knife, such as talking that “the Defendant was released from prison,” and (b) expressed their desire to “the victim D and the insular customers,” thereby threatening the victim and the said customers.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Records of seizure and the list of seizure;

1. Each photograph;

1. Previous records of judgment: Criminal records, etc., inquiry reports by individuals, identification and confinement status, application of the same criminal records and other Acts and subordinate statutes of the judgment;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (Scope of Recommendation) shall be sentenced in light of the following: (a) the basic area (6 to one year and six months) of types of intimidation (6 to one year and six months) (special mitigation) (i.e., a person subject to special mitigation) / [decision of sentence] the defendant has a career of serving several violent crimes; (b) the defendant committed the instant crime during the period of the same repeated crime; and (c) the fact that the method of the commission of the instant crime is very dangerous; and (d) the victim D wishes to take into account all the circumstances such as the victim D's desire to take the Defendant's seat and the fact that the defendant is