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(영문) 광주지방법원 2015.01.23 2014고단4896
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 11, 2001, the Defendant was sentenced to 12 years of imprisonment with prison labor for murder by the Gwangju High Court, and completed the execution of the sentence in the Southern Prison on March 3, 2013.

Criminal facts

On September 17, 2014, at around 19:25, the Defendant: (a) went into a restaurant with the trade name “T” located in the Dong-gu Daejeon Si, Daejeon, without any justifiable reason, and, (b) went off the pursuant to the influence of alcohol, and made a half distance from the brupted area, and (c) 55 years of age so as to have an employee U.S. (e., the Defendant 55 years of age) called “Isnish, weather, and fife, Is off, Isnish, Isnish, and Is the victim’s body by gathering one the above, which is a dangerous object located at the entrance of the main place, and by threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police of U;

1. Previous records: The application of Acts and subordinate statutes to which criminal records and investigation records are attached;

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

1. The grounds for sentencing under the proviso of Article 35 and Article 42 of the Criminal Act among repeated offenders committed the instant crime within the period of repeated crimes; the Defendant appears to have received considerable mental impulses by entering and putting him/her a restaurant; in light of the criminal records of the Defendant’s like crime, it appears that the Defendant is highly likely that the Defendant will repeat the crime; the Defendant does not reach an agreement with the victim up to now; and the Defendant’s age, health status, family relationship, economic situation, etc. are determined as ordered within the scope of the following sentencing standards.

[Standard for Sentencing] - Type 4 (Habitual, Cumulative, and Special Intimidation) of the basic area (6 months to June 1) of the Act on the Punishment of Terrorism

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