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(영문) 수원지방법원 2012.11.14 2012고단4424
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

Reasons

Punishment of the crime

On October 28, 2009, the Defendant was released on June 30, 2010 and served on July 29, 2010 when he was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul East District Court, and was released on June 30, 201 and the remaining term of imprisonment has expired.

The Defendant was dissatisfied with the complaint on the ground that the victim D(26 years of age) who was living in No. 204, next, 203, living in Osan-si C headroom 203, was unable to properly sleep due to the disturbance of the disturbance.

The Defendant, while under the influence of alcohol from around 16:20 on September 16, 2012 to around 19:20, while walking the above entrance before the entrance of the above Cudio 204, the victim was living in the above reason, and the victim said that “I am out of the front door, she shall ring off without leaving the front door,” and “I am out of the front door, she shall do so without leaving the front door, she shall do so, she shall do so, she shall do so, she shall do so, she shall do so, and the victim shall have the main disease, which is an object at the Defendant’s home, which is a dangerous object in the victim’s house, and the victim shall have the stude in the front corridor 204, where the victim is living, and shall have the bitle of metal materials (the length 23cm), and shall have the bit of bit of bitch,” and shall have the victim’s son, she shall have the same bit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports, application of Acts and subordinate statutes on the status of confinement;

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

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

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

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