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(영문) 부산지방법원 2008.8.28.선고 2008고단3444 판결
폭력행위등처벌에관한법률위반(집단·흉기등협박)
Cases

208 Highest 3444 Violation of the Punishment of Violences, etc. Act (Intimidation by groups, deadly weapons, etc.)

Defendant

A (79 years old, South)

Prosecutor

South Maritime Affairs

Defense Counsel

Attorney Choi Ho-young (Korean)

Imposition of Judgment

August 28, 2008

Text

A defendant shall be punished by imprisonment for not less than eight months.

One day of detention before this judgment is rendered shall be included in the above sentence.

A seized kicker, two hack pipe, one hacker, and three hacks, one original hacker, shall be confiscated.

Reasons

Criminal facts

On January 4, 2005, the defendant was sentenced to rape by Busan District Court for a year and six months, and the above judgment became final and conclusive on April 21 of the same year, and on March 30, 2006, the defendant was released on March 30, 2006 and completed the execution of the above punishment on May 28, 2006.

On June 5, 2008, the defendant showed the two-dimensional roads in the Geum-gu, Busan, on the grounds that the victim V driven the IMB car and obstructed the progress of the defendant by driving it in the front section of the Pacific car operated by the defendant, and thereby obstructing the passage of the defendant, and then set off the victim's driver's above IMMb car with the above Pacific car in a street, and then opened the string line of the above Pacific car to prevent the victim's driver's above IMMb car from driving it, the knick (34cm in length), the knick (70cm in length, 100cm in length, 10cm in length), the knick pipe two (10cm in length, 100cm in length), the three props (1,90cm in length, 2) show the victim's body.

Summary of Evidence

omitted.

Application of Statutes

1. Article applicable to criminal facts;

Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act

2. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

3. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

4. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

5. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judges

Applicable Mutatis Mutandis to judge gambling

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