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(영문) 서울북부지방법원 2014.11.27 2014고단2833
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 8, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Seoul Northern District Court on November 8, 2012, and the probation period becomes final and conclusive on November 16, 2012.

The Defendant, in Seoul Special Metropolitan City, had access to the “E” singing room operated by the victim D(M, 55 years old) in Seoul Special Metropolitan City, and became aware of the victim.

1. Around April 30, 2014, the Defendant violated the Punishment of Violences Act (a collective action, deadly weapons, etc.) said that the Defendant would no longer enter the Defendant’s singing room on the ground that the victim did not have a strong credit level in the singing room. On the other hand, the Defendant expressed that jackackacks (20 cm in total length, 9.5 cm in total length) as an object dangerous to the right part of the victim, and threatened the victim.

2. Around 02:00 on May 13, 2014, the Defendant: (a) returned the above knife at the instant singing room; and (b) sought from the victim and the victim “packed the same knife,” and (c) led the victim’s arms to the singing room, knife, knife, and knife the victim’s knife on the floor, and knife the victim’s knife continued to knife and knife the knife.

3. At around 22:00 on May 26, 2014, the Defendant: (a) sent gasoline to the instant singing line; (b) and (c) expressed the victim the victim “I am to leave, I am to leave,” thereby threatening the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. On-site photographs and photographs;

1. Previous records: Application of inquiries, such as criminal records, investigation reports (suspects' previous records and attachment of judgment) and other Acts and subordinate statutes;

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act regarding criminal facts, Article 283(1) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act concerning criminal facts;

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