logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.10.08 2014고단3254
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 19, 2008, the Defendant was sentenced to six years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Chuncheon District Court on March 6, 2013, and completed the execution of the sentence in the Busan Correctional Institution on March 6, 2013, and on June 13, 2014, the Seoul High Court sentenced four years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Seoul High Court on June 19, 2014

On July 15, 2013, at around 14:20, the Defendant: (a) while driving a dispute with the victim E who was flicked in Daegu Suwon-gu in front of the “D Beauty Room”; (b) while finding the dispute with E while driving the vehicle and continuing to find it to the location of the Defendant, the Defendant flicked with E, who was in front of the Defendant; (c) flicked the knife, which is a deadly weapon prepared in advance, and flifed with E, and flifed the Defendant’s flife, who was a deadly weapon of E; and (d) flifed with the victim F, who was in front of the witness E, walked the Defendant’s flifeing, “I am flick, I am flick,” flifed with the knife, as the knife.

Accordingly, the defendant threatened victims by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. Scarf photographs;

1. Previous records: Criminal records, investigation reports (Attachment of a suspect's A appellate judgment), personal identification and confinement status, application of Acts and subordinate statutes to the provisions of relevant Acts and subordinate statutes;

1. The applicable provisions of the indictment under Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act concerning criminal facts are written “Articles 3(1) and 2(1)2 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act, but are deemed to be written in writing.”

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 latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Discretionary mitigation has the same record of sentencing in Articles 53 and 55(1)3 of the Criminal Act.

arrow