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(영문) 부산지방법원 2008.05.08 2008고단1513
폭력행위등처벌에관한법률위반(집단.흉기등협박) 등
Text

A defendant shall be punished by imprisonment for one year.

The forty-six days of detention before this judgment is sentenced shall be included in the above sentence.

Reasons

Punishment of the crime

On June 3, 2005, the defendant was sentenced to 8 months of imprisonment for a violation of the Punishment of Violences, etc. Act at the Busan District Court on June 3, 2005, and completed the execution of the above punishment on January 21, 2006;

1. At around 11:30 on March 23, 2008, D was found to be operated by D, which was located in the Busan Franchi C, and D was able to avoid disturbance while complying with D’s report to the earth. When the victim F, who was located in the affected area, claimed why the Defendant would drink the victim's face by drinking while taking the victim's bath, she was fluoring the victim's flab, and flabing the victim's flab, which requires treatment for about 21 days when the victim can take part in drinking again, and the Defendant flabing the victim's flab by drinking while taking part in drinking.

2. In the time and place stated in paragraph (1) of this Article, while leaving the kitchen knife, which is a lethal weapon in the above meat store, the victim's chest, was frightened on the chest of the victim, and the victim frightened with the kitchen knife, took the kitchen knife toward the victim, and threatened the victim with the same attitude that the victim would inflict any harm on the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. A written diagnosis of injury;

1. Seizure records;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports (the confirmation of criminal records, etc.);

1. Relevant Article of the Punishment of Violences, etc. Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Articles 283 (1) and 257 (1) of the Criminal Act;

1. Selection of punishment: Imprisonment (with respect to the crime of inflicting any injury on the market);

1. Aggravation of repeated crimes: The proviso to Article 35 and the proviso to Article 42 of the Criminal Act;

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

1. Calculation of days of pre-trial detention: The defendant and his defense counsel are under the influence of alcohol at the time of committing the instant crime.

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