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(영문) 춘천지방법원 속초지원 2015.06.10 2015고단141
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On May 21, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the early branch of the Chuncheon District Court, and completed the execution of the sentence on January 20, 2015.

【Criminal Facts】

1. On April 11, 2015, the Defendant, in violation of the Punishment of Violences, etc. Act (e.g., the Defendant), under the influence of alcohol at E Scoober shop operated by Gangwon-gun Yangyang-gun, without any justifiable reason, she expressed the victim a large voice of “Ying Dot Dot Dot, Scoo-gu, Scoo-gu,” and continued to find the kitchen knife (19.5cm in length) at one’s own house in the vicinity, while taking the kitchen knife in his hand.

Accordingly, the defendant carried dangerous objects that are likely to be used for crime without justifiable reasons.

2. On April 12, 2015, around 09:45, the Defendant: (a) threatened the victim, such as a sound, etc., that the victim, who was frightly in front of the victim D (the age of 44), was under the influence of the victim D (the victim of the victim’s age of 20cm) with the kitchen knife, which is a dangerous thing at one’s home, by taking the kitchen 20cm (the knife length of the kitchen), showing the kitchen knife while finding the above kitchen knife and showing the kitchen knife with the victim.

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. On-site photographs;

1. Previous convictions: Criminal history records, inquiry reports (A), investigation reports (the attachment of repeated offenses against A by a suspect, confirmation reports on the date of release and attachment of judgment), judgment - application of Acts and subordinate statutes of the status of personal identification and confinement;

1. Article 7 of the Punishment of Violences, etc. Act on the Punishment of Violences, etc. of Specific Crimes (Carrying of Dangerous Articles and Selection of Imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act;

1. Aggravation for repeated crimes;

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