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(영문) 청주지방법원 충주지원 2015.07.03 2015고단138
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

A seized car knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On May 31, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively weapons, deadly weapons, etc.) in the Seogsan Branch of the Daejeon District Court on October 5, 2013, and the judgment became final and conclusive on October 5, 2013, and completed the execution of the sentence in the Boan Prison on February 24, 2014.

At around 17:00 on April 16, 2015, the Defendant threatened the victim by threatening “D” office located in Chungcheongbuk-gun C, on the ground that the victim E, who is the water source, ordered the Defendant to leave D, as well as by threatening the victim to use the knife (13cm in total length), which is a dangerous object, as his hand, as a knife the victim’s knife “to make the snow as a person with a lifelong disability” while driving away from the victim’s view, the Defendant threatened the victim by threateninging “I am her age, but her death would be right.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police statement to G and E;

1. Seizure record and list;

1. A report on the occurrence of the autopsy and a report indicating the occurrence of the case; and

1. Each investigation report (including attached documents);

1. Previous convictions in the judgment: Criminal records, investigation reports (report on the attachment of personal identification and confinement status, and report on attachment of the judgment) [ although the defendant asserts that the knife is true, but there is no fact of threateninging the victim, each of the above evidence, in particular, according to the investigation agencies of the victim E, witness F, and consistent statements in this court, the defendant's knife and the victim's knife, and the facts of intimidation can be recognized] are applicable

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. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant has been punished several times for a similar crime, and it is inevitable to sentence the defendant for a crime of this case without being aware of the fact that he/she is a repeated crime even though he/she is a repeated crime.

(b).

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