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(영문) 서울남부지방법원 2014.07.23 2014고단2258
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 15, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Seoul Southern District Court on the grounds of a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) and the judgment became final and conclusive on January 29, 201, and was released on December 23, 2011 during the execution of the sentence and the above parole period expired on February 10, 20

Criminal facts

On October 20, 2014, around 05:55, the Defendant: (a) around 05:55 on the part of Geumcheon-gu Seoul Metropolitan Government, the Defendant: (b) caused the defect that “The cafeteria cafeteria cafeteria cafeteria is a non-smoking restaurant”; and (c) caused the occurrence of tobacco not to smoke,” and “the victim D, who was taking meals on the side table, made a bath, to the Defendant “the Defendant shall not be able to take any desire to do so to his employee”; and (d) caused the victim D, who was taking meals on the side table, to “the Defendant,” in one time and in both hands, kid the victim’s right buck, and kidds the gar, which is a dangerous object on the restaurant table 1st.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The written statement of the defendant;

1. Statement of D police statement;

1. Photographs of damaged parts;

1. Criminal records as indicated in the judgment: Application of inquiry reports, such as criminal records, personal identification records, and Acts and subordinate statutes to report criminal investigations (verification of date on which a suspect's punishment is confirmed);

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

1. The reason for sentencing of the proviso of Article 35 and Article 42 of the Criminal Act among repeated offenders [the scope of recommending sentence] the mitigated area (4 to 1 year), the mitigated area (4 to 1 year), the unaggravated mitigation (including serious efforts to recover damage), or where considerable damage has been restored to the damaged area / [the decision of sentencing] the defendant is the same as the same type of repeated crime (excluding the type of habitual and repeated crime in four categories) [the decision of sentencing].

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