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(영문) 서울남부지방법원 2012.11.21 2012고단580
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 1, 2010, the Defendant was sentenced to ten months by Seoul Southern District Court for damage to public goods and completed the execution of the sentence on July 8, 201.

【Criminal Facts】

around 14:00 on November 30, 201, the Defendant, “2012 high-class 580”, as the employee of Guro-gu Seoul Metropolitan Government, entered the “E” restaurant, to which the victim D (here, 45 years of age) works as an employee, and thereby, heard the victim’s answer that “the victim would have changed the entrance,” but “I do not know,” but he collected the kitchen knife (22 m in the knife length of the knife) which is a dangerous thing on the customer, and threatened the victim by doing his act as the victim, such as getting off the kitchen knife, etc.

around 16:30 on March 19, 2012, the Defendant destroyed public goods by leaving the front of the bus stops located in Guro-gu Seoul Metropolitan Government F, and by leaving the 365,000 won of the market price installed and operated by Guro-gu Office, which is located in Guro-gu, Seoul, for the reason that the bus stops in the front of the bus stops located in Guro-gu, Seoul.

Summary of Evidence

"2012 Highest 580"

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Previous convictions in judgment: Investigative report, court rulings, etc. (No. 64458 of 2011) 2012 Godan1823 of 2012;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 283 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act (the point of harm to public goods and the choice of imprisonment);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the victim D has disturbed his/her excessive disposition against the defendant and that the defendant has divided his/her wrong facts);

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