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(영문) 서울중앙지방법원 2014.07.29 2014고단3888

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 00:30 on May 18, 2014, the Defendant violated the Punishment of Violence, etc. Act (collective intimidation, etc.) refers to that “the victim shall have to die of the same spathn with the same spathn who is reported by affixing the spathn by sealing that the victim B (the age of 27) photographs the Defendant who crosses the Defendant without permission using the Kameras,” and that “the victim should have died of the same spathn as the spathn who is reported by affixing the spathn,” which is a deadly weapon (the total length of 35cm, knife length of 21cm, and spath 1). The Defendant threatened the victim as his/her hand, by citing the victim as a knife.

2.In the case of possessing swords in violation of the Control of Firearms, Swords, Swords, Explosives, etc., the Defendant purchased the above swords in the amount of KRW 70,00 from the person in distress of name, who had no permission from the chief of the police station having jurisdiction over the domicile, despite having obtained permission from the chief of the police station having jurisdiction over the domicile. However, the Defendant purchased them

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (the confirmation and investigation of a victim's motor vehicle black box, CCTV C verification and investigation for method);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc., Article 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, Article 71 subparagraph 1 of the Control of Firearms, Swords, Explosives, Etc. Act, and Articles 12 (1) of the Control of Firearms, Swords, Explosives, etc. Act (the occupation of possessing an unauthorized swords, and the choice

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating the punishment within the scope of the sum of the long-term punishments in the above two crimes);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. The sentencing criteria are applied to a crime of violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) among the above crimes for the reason of sentencing under Article 48(1) of the Criminal Act.