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(영문) 창원지방법원 진주지원 2016.02.02 2015재고단12 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On October 27, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Changwon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence at the Changwon Prison on May 2, 2012.

[2] On March 31, 2014, the Defendant is exempted from imprisonment with prison labor on the ground that the victim’s home corridor in the victim D (n, 35 years of age) who lives in Sacheon-si C apartment on March 31, 2014, did not receive a telephone or receive a cell by blocking the reception of the phone, and does not open a door even at the home.

C. It shall be discarded by death.

The term “the victim was threatened with a steel system with a studio prepared in advance,” thereby threatening the victim, and damaged the studio and the fish system in a way that the market price is 580,000 won or more.

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. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and the applicable statute of personal identification;

1. Relevant legal provisions of the Criminal Act and Articles 284, 283(1) (a) and 369(1) and 366 of the Criminal Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the Defendant, for the reason of sentencing Article 35 of the aggravated repeated crime Article 35 of the Criminal Act, had the record of being punished for the same kind of crime, committed the instant crime during the repeated crime period, and the method of committing the instant crime is considerably dangerous, recovered from damage or did not reach an agreement with the victim, it is inevitable to punish the Defendant

However, there is a conflict between the defendant and the police officer who was dispatched after receiving a report on the date of the defendant's extradition case.

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