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(영문) 수원지방법원 평택지원 2016.09.22 2016재고단12
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for three years.

Seized No. 1 (blades) shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On May 16, 2013, the Defendant was sentenced to two years and six months to murder by the Seoul High Court, and was released on January 30, 2015 during the execution of the sentence in the previous prison, and the parole period expired on April 2, 2015.

[Criminal facts]

1. Special intimidation: (a) on April 22, 2015, the Defendant: (b) carried a knife (23 cm in total length, 12.5 cm in length) with a knife (23 cm in length, 12.5 cm in length) that is a dangerous object and carried a knife with the victim’s D (Woo, 59 years old) located in Pyeongtaek-si C on the ground that the victim does not drink; and (c) carried the victim as a knife with a knife;

The term "the death" was called "the death."

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

2. The Defendant, at the time and place specified in the above Paragraph 1, was the victim F (60) who entered the above door-line customer at the time and place, was the victim F (60) who took the above door-line customer, thereby preventing the Defendant from taking intimidation, and “the victim was de facto

The knife, which is a dangerous object with "the victim's left side", led the victim to the left side part of the knife in need of approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D, F and G;

1. A photo of an injury inflicted on the victim F;

1. Seizure records;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of the period of repeated crime);

1. Relevant legal provisions of the Criminal Act, Articles 258-2(1), 257(1) (a) of the Criminal Act, and Articles 284 and 283(1) (a) of the Criminal Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. As for the crime of attempted murdering a person with a knife for sentencing under Article 48(1)1 of the Confiscation Criminal Act, consideration of the crime committed again by knife during the period of repeated crime, motive for the crime, circumstances after the crime, etc.

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