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(영문) 서울남부지방법원 2014.03.20 2013고단3076

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for one year.

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

On August 13, 2013, at around 23:25, the Defendant, while drinking alcohol at a “D” restaurant located in Guro-gu Seoul Metropolitan Government, provided the victim E (the 60-year-old-old-gu age) with a view to drinking expenses without any justifiable reason.

The Defendant: (a) there was a defect that the Defendant was about to report the Defendant’s act of disturbance to 112; (b) caused the knife of the knife, which is a deadly weapon kept in his clothes, to the victim; and (c) threatened the victim with the knife that the victim would die; and (d) threatened the victim with the knife that the victim would escape.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes on witness F's legal statement;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered that there was a history of being sentenced to a fine twice due to the same kind of crime, and that it has not been committed for the last nine years);

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