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(영문) 대전지방법원 2015.01.30 2014고단4039
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On May 9, 2012, the Defendant was sentenced to one year for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Daejeon District Court on May 9, 2012, and completed the execution of the said sentence in the Daejeon Prison on April 14, 2013.

On November 24, 2014, at around 13:05, the Defendant, at the victim’s office located in Daejeon Dong-gu, Daejeon, Inc., Ltd., where the victim D (the age of 53) was working in Dong-gu, Daejeon, the Defendant called the victim’s president as a home-based company, but the victim refused it, on the ground that the victim refused it, and threatened the victim by taking back a knife, spherb, which is a dangerous object, by preparing in advance, and cutting back the knife (the total length of 33cm, 21cm) with a knife, which is a dangerous object between the victims. The Defendant threatened the victim with the sound “F president as soon as possible.”

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of police statement related to D and G;

1. On-site CCTV photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report accompanying criminal records, etc.);

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (1) of the Criminal Act;

1. The sentencing of the proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated offenders is based on comprehensive consideration of the following factors: (a) the reason behind the sentencing; (b) the motive for some of the crimes; (c) the crime during the period of the same repeated offense; (d) the recovery of injury; (e) the criminal record (e.g., five times of actual suspension of execution; and (d) the criminal record; (e) the extent of recommended sentences in accordance with such circumstances and sentencing guidelines (where the crime was committed by carrying with himself a type of aggravated weapon, deadly weapon, or other dangerous objects of the crime, April - 1); (e) the defendant’s age, character and conduct

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