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(영문) 창원지방법원 진주지원 2014.09.17 2014고단587
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 26, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Changwon District Court on September 26, 201, and completed the execution of the said punishment on January 12, 2014

On March 21, 2014, around 21:10, the Defendant demanded the Victim D to put the Victim D in the “E” operated by Sacheon-si, Sacheon-si, but refused to put the Victim D to the Defendant. However, the Defendant her knife knife knife (20cm in length, approximately 30cm in length) with a knife, which is a dangerous object that had been located on the bank, and her knife knife knife knife knife knife knife knife knife knife knife knif

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. G statements;

1. Police seizure records;

1. Photographs of criminal tools;

1. Previous records before judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports (verification of the last day of execution), number of days by day, and current status of confinement;

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 Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant committed the instant crime which threatens the victim in knife during the period of repeated crime due to his previous conviction, and it is inevitable to sentence the defendant as a sentence.

However, in consideration of all the circumstances, such as the fact that the defendant was committed while committing the crime, the victim was not injured or has not been punished against the defendant, and the situation where the economic situation is difficult, the defendant's character, conduct and environment, the background and result of the crime in this case, and the circumstances that are conditions for sentencing as shown in the records and arguments, the punishment as ordered shall be determined.

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