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(영문) 서울동부지방법원 2013.07.11 2013고단744
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized knife knife (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On August 12, 2010, the Defendant was sentenced to three years of imprisonment with prison labor at Seoul High Court for special robbery, etc., and completed the execution on December 22, 2012 by the Chuncheon prison.

【Criminal Facts】

On April 6, 2013, the Defendant entered a “D” restaurant located in Gwangjin-gu Seoul Special Metropolitan City on April 13:40, 2013, and demanded the victim E (n,e.g., 57 years old) who is the owner of the business to read the “knb knb”.

Although the Defendant got the answer from the victim, “I do not knife the knife the knife. knife the knife. knife. knife the knife 20 m)”, the Defendant saw the victim’s attitude, such as her knife the knife and her knife the knife, and her knife the knife knife knife the knife knife.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement of the police statement of E;

1. Each statement of E and F;

1. Police seizure records;

1. Scarf photographs;

1. Previous records before ruling: Application of criminal records, investigation reports, and criminal records, investigation reports, and Acts and subordinate statutes;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Determination as to the defendant's assertion under Article 48 (1) 1 of the Criminal Act concerning confiscation

1. The Defendant asserts that the Defendant: (a) entered a restaurant of the victim and demanded the victim to sell the knife; and (b) entered the restaurant room of the victim; (c) however, the victim did not drive the knife; and (d) did not threaten the victim; and (c) therefore, the facts charged of the instant case cannot be recognized.

2. Comprehensively taking account of each of the above facts admitted, the defendant of this case.

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