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(영문) 광주지방법원 순천지원 2016.01.15 2015고단1592
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

On May 16, 2013, the Defendant was sentenced to four months of imprisonment with prison labor by assault, etc. at the Seoul Central District Court on May 16, 2013, and the enforcement of the sentence was terminated at the Seoul Detention Center on September 1, 2013.

1. On August 14, 2015, the Defendant invadedd a structure with a hacksaw, which was prepared in advance, at the E community hall managed by C, the village head D, around 14:00, and cut off the hacksaw, and intruded into another’s structure.

2. The Defendant of special intimidation, at the same time and place as paragraph 1, f.i.e., the victim F. (V. 72 years of age) who passed the beer at the beer location in the beer at the beer location.

In the center, the beer alone shall be the beer of the center.

“In order to file an accusation on the grounds that the accusation was prevented.”

N. Does the same as the other party or the other party.

“Woodogs, which are dangerous things in possession, threatened with the victim’s hair as if the victim’s hair was stamped.”

The defendant continues to be the victim G(Y, 83 years old) and this "Is to go back to the Green."

“I wish to die” on the ground that I wish to die.

At present, we can see today's death.

“As the victim’s head was stamped, the victim’s head was threatened, such as 3 to 4 times.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness F, G, and H;

1. Each statement;

1. A seizure list;

1. Investigation report (to record and investigate a victim's telephone);

1. Each report on investigation;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment of results of search by prisoners), and application of Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Article 319(1) of the Criminal Act (influence of buildings, occupation of imprisonment, option of punishment) to commit the crime, and Articles 283 and 283(1) of the Criminal Act (influence of special intimidation, choice of punishment by imprisonment);

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

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Code [the preceding part of Article 38, Article 50 of the Criminal Code shall be the highest punishment.

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