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(영문) 부산지방법원 2013.12.05 2013고단4215
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 14, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny in Busan District Court's Dong Branch Branch, and was released on April 30, 2012 and the parole period expired on June 21, 2012.

On June 29, 2013, around 23:00, the Defendant stated that the Defendant was “Dcafeteria” on the street in front of the F (30 years old), a driver, who was under the influence of f (30 years old) where the Defendant f ( approximately 60 cm in length, approximately 44 cm in thickness) and displayed a dangerous object at the seat of f (4 cm in thickness).

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (applicable mutatis mutandis to personal records and investigation reports);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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