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(영문) 춘천지방법원 강릉지원 2013.11.27 2013고단395
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 21, 2010, the Defendant was sentenced to three years of imprisonment for bodily injury at the Seoul Central District Court, and completed the execution of the sentence in the Daegu Prison on July 25, 2012.

1. On February 21, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (collective intimidation, deadly weapons, etc.) committed a threat to the victim, on the ground that: (a) on the ground that (b) around 18:20 on February 21, 2013, the victim asked the victim “hinging alcohol” to “hing alcohol to another place because it does not drink alcohol; (c) the victim expressed the victim “hing alcohol” to “hing alcohol to another place”; and (d) the part of the department of concrete material, which is a dangerous object in the front garden, of the concrete material located in the front garden ( approximately 30 cm in length, approximately 20 cm in thickness; and about 20 cm in thickness), the victim threatened the victim as “hing to die.”

2. In the above date, time, and place as seen above, the injured Defendant returned the victim’s horse to the near the scene, but again, the victim’s hair was shakened by her head and hand, and the victim’s left face was taken one time due to drinking.

As a result, the Defendant inflicted bodily injury on the victim, such as the impairment of bodily integrity, which requires medical treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Legal statement of witness F;

1. Statement made to D by the police;

1. On-site photographs, investigation reports (the 112 case processing marks and the CD attachment reports), recording records, breadth, and reports on the arrest of a suspect against flagrant offenders, such as the act of transformation;

1. Previous records: Application of Acts and subordinate statutes on criminal records, reply reports, personal identification and confinement status;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes.

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