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(영문) 광주지방법원 목포지원 2015.04.06 2015고단50

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 2, 2013, the Defendant was sentenced to imprisonment with prison labor for one year due to a violation of the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.), bodily harm, obstruction of performance of official duties, or damage to property in the Gwangju District Court’s Manpoon on July 2, 2013, and completed the execution of the sentence on April 13,

1. Around January 16, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) expressed to the victim two years prior to the occurrence of the two-year-old incident, among the cases where the victim D (the victim D, who was aged 55) was taking out the 1st century in the south-nam-gun C around January 16, 2015. However, on the ground that the victim was willing to talk about the past talk, the Defendant threatened the victim by stating that the victim was "the dead who died," who was a dangerous object of drinking, was "the dead who died."

2. The Defendant assaulted the victim by means of threatening the victim at the time, time, and place mentioned in Paragraph 1, but by cutting the victim’s illness cited by the Defendant, cutting the victim out of the Defendant, and cutting the victim to the pole located within the said Schlage.

3. The Defendant: (a) the police officer, who received 112 report at the time and place specified in paragraph (1) and sent out after receiving 112 report, told that he would die before the instant Schlage; and (b) destroyed a copy of the glass window where the victim’s market price could not be known, on the ground that the police officer, arrived in front of the instant Schlage.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Investigation report (Evidence No. 22 pages of evidence);

1. On-site photographs;

1. Previous convictions indicated in the judgment: Criminal history records and other inquiries (A), investigation reports (verification of suspect A's identical records, etc.), written judgments and copies of summary orders, and application of Acts and subordinate statutes to the number of individuals/Admittance status;

1. The relevant Article of the Criminal Act and Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act as to the crime, Article 283(1) of the Criminal Act and Article 260(1) of the Criminal Act