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(영문) 서울남부지방법원 2015.10.06 2014고단4822
폭력행위등처벌에관한법률위반(상습협박)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 23, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) at the Seoul Southern District Court on August 23, 2012 and completed the execution of the sentence on January 3, 2014, and nine times in total.

On April 2014, the Defendant, with the knowledge of the victim (at least 70 years of age) who lives in the next house of Gangseo-gu Seoul Metropolitan Government and 101, and with the victim (at least 70 years of age), has aggravated appraisal due to the victim's pet voice, she saw the victim's failure to find in the future.

1. On September 29, 2014, at around 05:38, the Defendant: (a) obstructed the front door of the victim’s adjacent house of the Defendant in front of his residence, and walking the door in a swelded manner; and (b) threatened the victim with the victim “I am swelves of this two-years, swelves, cut-outs, cut-outs, cut-outs, cut-outs, swelves, and knves.”

2. On October 27, 2014, at around 03:35, the Defendant threatened the victim by stating that “the victim shall die in the same year as the weathered year, the opening of the dog, teared year, and the teared knife” in front of the victim’s residence, and “the victim shall die in the knife”.

3. On October 27, 2014, around 19:33, the Defendant threatened the victim by walking the front door in front of the victim’s residence, and scambling it by hand, saying, “The victim is a knife, knife, knife, knife, knife, knife, knife, knife, knife.”

Accordingly, the defendant habitually threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Statement of each police statement of D and E;

1. Previous convictions in judgment: Criminal records, and current status of personal identification and confinement;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of crimes, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. An act of violence, etc. committed by the Gu, comprehensively, through the relevant Article of criminal facts;

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