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(영문) 부산지방법원 2016.08.10 2016재고단28
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 3, 2005, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (at night) at the Busan District Court and completed the execution of the above punishment on January 21, 2006.

1. At around 11:30 on March 23, 2008, D was found to be operated by D, which was located in Busan B, Busan, the Defendant reported to D, and the victim F (e.g., 55 years of age) who was located in the affected area was fluored with the Defendant, making it difficult to avoid disturbance. When the victim F (e.g., 55 years of age) who was located in the affected area asked the Defendant to find the victim's face at the time of fluoring fluoring and fluoring fluoring the victim's fluoral, while taking the victim's fluoral face while taking the victim's fluoring fluor, and then taking the victim's fluoral part again by drinking, the Defendant fluoring the victim's face at around 21 days in need of medical treatment,

2. To die of a victim at the date, time, and place specified in paragraph (1);

At the same time, the kitchen knife, which was a deadly weapon in the above meat, was gathered on the chest of the victim, and the victim frightened on the chest of the victim, and the victim frightened the kitchen knife knife knife knife knife knife knife knife knife knife knife the victim and threatened the victim

Summary of Evidence

1. Statement by the defendant in court;

1. Each judgment;

1. Previous conviction: Application of the Acts and subordinate statutes to inquire about criminal history and personal confinement status;

1. Articles 284, 283 (1) (a point of special intimidation) and 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are many defendants, and the punishment is imposed in consideration of not only the crime of this case during the period of the same repeated crime but also very poor in the number of crimes. However, the punishment is determined as ordered by taking into account the following factors: (a) the punishment is contrary to the crime; and (b) the agreement with the victim is reached.

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