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(영문) 부산지방법원 동부지원 2014.10.29 2014고단1780
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

Reasons

Punishment of the crime

[Criminal Justice] On April 5, 2011, the Defendant was sentenced to two years of imprisonment with prison labor at Busan District Court for attempted murder, and on December 5, 2012, the Defendant completed the execution of the sentence at the port prison.

【Criminal Facts】

On August 7, 2014, at around 21:30 on August 21, 2014, the Defendant: (a) threatened the victim D (the 66-year-old age) who lives in the next house in Busan Shipping Daegu C, with his family members of his family, and was sleep by drinking away with his own body; (b) 2 knty knife, which is a deadly weapon, (the length approximately 40cm) with two knife in his hand to display his body; and (c) found the victim’s house to have his body and sent his door several times to the victim’s door, thereby threateninging the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Statement made to D by the police;

1. Criminal records: Application of the Acts and subordinate statutes on inquiry reports, such as criminal records, and personal identification and confinement status;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do139, Jan. 1, 201>

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