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(영문) 서울북부지방법원 2016.03.10 2015재고단71
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than five 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 group, deadly weapon, etc.) at the Seoul Northern District Court on the grounds of a violation of the Act on Punishment of Violences, etc., and on November 16, 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) in Seoul Special Metropolitan City, Nowon-gu, and became aware of the victim.

1. On April 30, 2014, the Defendant would be good if the Defendant did not enter the Defendant’s singing room any longer on the ground that the victim did not have a strong credit rating in the singing room around 02:30 on April 30, 2014.

In other words, jackknp (20 cm in total length, 9.5 cm in length) which is a dangerous object of chemical flight (20 cm in total length, 9.5 cm in length) is placed in the right item of the damaged, and “I want to snack.”

“In the end, the victim threatened the victim.”

2. Around 02:00 on May 13, 2014, the Defendant: (a) sought to return the above jacket at the instant singing room; and (b) sought from the victim and the victim “packed the same knife”; (c) led the victim’s arms to the singing room, towing the victim’s arms to the singing room; and (d) committed assault against the victim, such as cutting down the victim’s knife with the victim’s sits, cutting down the knife on the floor, and continuously turning the knife.

3. The Defendant, on May 26, 2014, threatened the victim by citing the distribution of insignias on the way of singing in front of the instant singing, and by stating that “I would fright to enter a shop, I would fright to go against it” to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of D;

1. On-site photographs and photographs;

1. Previous convictions: Application of inquiry statements, such as criminal history, investigation reports (the same type of criminal suspect and attachment of written judgments) and statutes;

1. Articles 284, 283(1) (special intimidation), 260(1) (a) of the Criminal Act, and Article 283(1) (a) of the Criminal Act regarding the crime (the point of assault, the choice of imprisonment), and Article 283(1) of the Criminal Act regarding the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reduction of a small amount;

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