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(영문) 대구지방법원 안동지원 2015.02.06 2014고단368
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 (in excess) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On May 21, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for habitual fraud in the resident support of the Daegu District Court on May 21, 2013 and completed the execution of the sentence on October 8, 2013.

[2014Kadan368] Around 09:40 on March 25, 2014, the Defendant, at the hospitalization room of the D Oriental Medical Hospital No. 703 located in C on permanent residence on March 25, 2014, the victim E (the age of 31) who is the principal officer and employee of the same hospital (the age of 31) called “Release because the president had a view that he would be able to discharge”, saying, “this ring of this rings shall be discarded, broken down, she shall be all dead, she shall live in the inside, and she shall be all dead.” The Defendant taken off the transition (the length of 11cc), which is a dangerous object under his custody, and threatened the victim by taking off the knife as he was a knife.

Accordingly, the defendant carried dangerous objects and threatened the victim.

[2014 Highest 1099] On June 28, 2014, the Defendant intruded into the G Hospital 328's sick room located in F at the time of permanent stay at F on June 28, 2014, and the victim H was deprived of money owned by the victim with 220,000 won in cash, after taking the creb in the patient's clothes of the victim who was faced with the other victim's head head.

Summary of Evidence

[2014 Highest 368]

1. Defendant's legal statement;

1. Statement to E by the police;

1. Protocol of seizure (2014 Highest 1099);

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a investigative report (to attach photographs ofCCTV image materials) (topboard and criminal history records);

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc., Article 283 (1) of the Criminal Act, Article 330 of the Criminal Act concerning a crime;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act (the scope of recommendations)

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