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(영문) 서울서부지방법원 2013.08.09 2013고단1386
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. To confiscate evidence 1 or 2 seized from the accused;

Reasons

Punishment of the crime

On July 8, 2010, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc.) at the Seoul Western District Court (a collective, deadly weapons, etc.). On May 2, 2012, the Defendant completed the execution of the sentence at the second prison of North Korea North Korea.

1. On June 2, 2013, around 14:07, the Defendant: (a) boarded a bus in the front bus stop located in Yongsan-gu Seoul Metropolitan Government “C” in Yongsan-gu Seoul Metropolitan Government, and was assaulted by the victim D (55 years of age) who is a passenger to resist the bus at a late and late time; and (b) when the victim’s chest and face were taken one time by drinking.

2. Around 14:17 on the same day, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) declared that the Defendant did not open a door to arrive at the destination of the bus at around 14:17 on the same day. Around 14:17, the Defendant threatened approximately three minutes of the victims, who was reported by threatening the police, with the Raber (13.5cm in length) and the knife (7.5cm in length), which are dangerous things in possession within the bank, and carried with the Raber (7.5cm in length) and the knife (7.5cm in length), including the above victims D, by threatening the passengers of the above victims, including the victim D, “I am out of the knife,” and “I am out of the knife.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of D police statement;

1. Each photograph;

1. Police seizure records;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act concerning facts constituting an offense (the point of intimidation to carry dangerous articles);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes;

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 and Article 38(1)2 of the Criminal Act are applicable;

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