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(영문) 서울동부지방법원 2013.11.13 2013고단2433

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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. On September 5, 2013, around 19:30 on September 5, 2013, the Defendant threatened the victim E, who was a deadly weapon with D, a business owner at Cju located in Gwangjin-gu Seoul Special Metropolitan City, for the reason that D, a business owner, demanded the credit alcohol level to the Defendant (or 42 cm in length and 20 cm in length on the day). The Defendant threatened the victim by saying, “I am dead. I am dead. I am the president.”

2. At around 20:00 on the same day, the Defendant: (a) expressed the above improvement, which is a deadly weapon for the same reason; and (b) made intimidation to the victim by stating that “the victim would have neglected the death.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (victim E telephone conversations);

1. Application of seizure records and list statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the injured party does not want the punishment of the accused and the fact that the accused is against the wrong judgment);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;