beta
(영문) 서울동부지방법원 2014.08.22 2014고단1072

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 11:50 on January 21, 2014, the Defendant requested for the deletion of the Defendant’s card information from the victim E (n, 45 years of age) who was on duty in Seongdong-gu Seoul, Seongdong-gu, Seoul to delete the Defendant’s card information, but did not receive such request, and the victim F (n, 35 years of age) who was next to the Defendant did not want to deal with other customers first of all, saying, “I am at the end. I am at the end of the victim E’s face.” The Defendant threatened the victim F with the knife with the knife, and threatened the victim F with the knife with the knife.

Accordingly, the defendant carried a portable knife with a deadly weapon and threatened each victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement;

1. Application of the Acts and subordinate statutes governing photographs and CCTV video CDs;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (the following normal reference in the grounds for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) is that the instant crime was committed by the Defendant with a portable knife, a deadly weapon, and thus, the nature of the instant crime is not weak.

On the other hand, it appears that the defendant committed the crime of this case by contingently during the process of recognizing and opposing the crime of this case, and requesting the deletion of the credit card information information about the defendant, and that the result of the damage is not severe, the victims do not want the punishment of the defendant, there is no past history of criminal punishment, and the defendant suffers from diseases such as skin disease.