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(영문) 인천지방법원 2015.12.02 2015고단5478
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On February 7, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) at the Daejeon District Court on June 10, 2013, and completed the execution of the sentence at the Daejeon Prison on June 10, 2013. On May 29, 2014, the Defendant was sentenced to one year of imprisonment with prison labor and one million won of a fine for habitual violence, etc. at the Incheon District Court, and completed the execution of the sentence on December 7, 2014.

【Criminal Facts】

1. From August 2, 2015, around 19:20 on August 2, 2015, the Defendant interfered with the victim C’s business and assaulted the victim’s restaurant business by force by avoiding disturbance, such as interfering with the victim’s restaurant business by avoiding disturbance, and harming the victim’s right face one time at the floor of hand with the victim’s knife with the victim’s knife with the victim’s knife, “E” operated by the victim C (E. 56 years of age) in Bupyeong-gu Incheon Metropolitan City, when the knife the knife of the knife of the knife of the knife, and refusing to comply with the other knife of the knife.

2. On August 15, 2015, the Defendant violated the Punishment of Violences, etc. (Intimidation with collective, deadly weapons, etc.) against the Victim F (hereinafter “victim”) by misapprehending that the victim F (hereinafter “F”) refers to a person who prevents the entrance of an elevator from entering the elevator at around the fourth floor of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, 102 G apartment at KRW 102, the first floor of the first floor of the first floor of the first floor, and threatening the victim two times, as the victim might have expressed a dangerous object, which is a dangerous object, with the desire to “this Chewing baby.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, C, F, and I;

1. On-site and CCTV photographs at the time of crimes;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Article 284 of the Criminal Act and Articles 283(1) and 314 of the Criminal Act that apply to the relevant criminal facts as well as the choice of punishment.

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