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(영문) 창원지방법원 진주지원 2015.01.13 2014고단771
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On October 27, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on January 27, 201, and completed the execution of the said punishment on May 2, 2012.

【Criminal Facts】

At around 21:30 on March 31, 2014, the Defendant: (a) expressed that the victim was living in Sacheon-si C Apartment, Sacheon-si, Sacheon-si, on the ground that the victim’s home corridor (Wacheon-si, 35 years of age) did not go through the phone and received the phone without being released from the prison, and did not open the door even at the house, on the ground that the victim does not go through the phone and received the phone, and does not go through the phone and opened the door at the house; (b) thereby threatening the victim, and (c) by taking the door door and the saves prepared in advance, thereby threatening the victim, and damaged the 580,00 won of the market value.

Accordingly, the defendant carried dangerous objects and threatened the victim with intimidation, and at the same time damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. A criminal investigation report (Attachment of a field photograph), investigation report (Attachment of a photograph of mos used for committing a crime), and investigation report (Attachment of a written estimate);

1. Previous records: Application of Acts and subordinate statutes on criminal records, reply reports and personal identification records;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Crimes, Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Articles 3 (1) and 2 (1) 1 of the same Act, Article 366 of the Criminal Act concerning a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing the proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated offenders is that the defendant would not find a victim in the future as he/she committed his/her crime. There are extenuating circumstances such as the defendant's occurrence of an injury as he/she was reduced to about 10 meters from the level of 10 meters among the police officers dispatched after receiving a report on the day of the instant case, but on the other hand, the defendant was punished for the same crime.

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