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(영문) 서울서부지방법원 2013.11.27 2013고단2568

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

1. The defendant shall be punished by imprisonment for one year;

2. To confiscate subparagraph 1 of the evidence confiscated by the defendant;

Reasons

Punishment of the crime

On January 28, 2011, the Defendant was sentenced to two years of imprisonment for special assault by the Seoul Central District Court, and completed the execution of the sentence in Seoul Southern Prison on December 5, 2012.

At around 00:40 on September 18, 2013, the Defendant expressed to the victim D (Nam, 46) who was cleaning, without any reason, on the second floor of the Seodaemun-gu Seoul Building C, Seodaemun-gu, Seoul, that “I will die to the knife, fe, knife, knife,” and that the victim was in possession of dangerous objects for the reason that I cannot see any reaction, and threatened the victim by taking over the excessive (the length 23 cm) which is a dangerous object that the victim was in possession of on the ground that I would not see any reaction.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Police seizure records;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

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

1. The sentence of sentence is inevitable considering the fact that the accused commits the instant crime during the period of repeated crime and did not reach an agreement with the victim, although the two punishments of Article 48(1)1 of the Criminal Act are divided into several punishments, the sentence of sentence is inevitable.

However, in consideration of all the sentencing conditions stipulated in Article 51 of the Criminal Act, such as sentencing conditions favorable to the accused, the sentence shall be determined as ordered.