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(영문) 서울동부지방법원 2013.08.06 2013고단616
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 29, 2009, the Defendant sentenced the Seoul Central District Court to eight months of imprisonment with prison labor for obstruction of performance of official duties, etc., and completed the execution of the sentence in the Southern Prison on July 22, 2010.

Criminal facts

1. On March 9, 2013, the Defendant causing property damage: (a) around 18:20 on March 9, 2013, the Defendant: (b) obstructed a passenger car driven by D having a signal signal at the crosswalk in front of the Seoul Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu Seoul, and (c) destroyed the said mobile phone, which is owned by the victim of the gallone, by galloning S3 mobile phones, in his hand, in order to report to 112.

2. The Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) committed a threat to the victim in the future of a passenger car driven by the victim D, by putting the beer’s disease, which is a dangerous object in front of the vehicle called “G convenience store” located in G convenience store, at the above date, at the above location and place, and booming the beer’s disease into his hand and her hand, and booming the victim as “in the same year and clothes,” and booming the victim’s desire to commit any danger and injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. Each photograph;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Relevant Article 36 of the Criminal Act concerning the facts constituting an offense, Article 366 of the choice of punishment, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, 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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act (within the maximum period of punishment prescribed for each crime);

1. The Defendant, etc. asserted that the Defendant and his defense counsel were in a state of mental or physical disability or mental state due to the detention, etc. at the time of the instant crime, but the instant case acknowledged by the aforementioned evidence.

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