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(영문) 서울북부지방법원 2014.04.17 2013고단3220

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 1, 2013, at around 09:17, the Defendant, at the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government 104, drinkd with four persons, such as victim D (18 years of age) and brought about a dispute with the victim, and threatened the victim with a knife, who is a dangerous thing at the home of the State (18cm in length). On December 1, 2013, the Defendant threatened the victim with a knife (30cm in length) with a knife (18cm in length) that is a dangerous thing at the home of the victim, and threatened the victim with a knife (30cm in length) that is a dangerous thing at the home of the State.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. Photographs of the victim;

1. Application of each existing Act and subordinate statute of 1 knife (No. 1), excessive 1 knife (No. 2);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the crime committed by the defendant first by drinking the victim's head in his/her head, causing excessive and threatening carcination, the victim does not want the punishment against the defendant, the primary crime, and the reflective fact, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;