beta
(영문) 서울남부지방법원 2016.05.25 2014고단1244

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for four months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The Defendant, at around 18:40 on April 2, 2014, committed an indecent act against D at the victim C (37 cm) and D and alcohol at the Guro-gu Seoul Metropolitan Government 2nd floor 8, Guro-gu, with the Defendant’s excessive amount (12 cm in length, 11 cm in length), which is a deadly weapon (12 cm in length, knife in length), and with the Defendant’s knife that is a deadly weapon (12 cm in length, knife, knife, knife in knife).

The term “assumed” and the term “assumed by the damaged person’s threat.”

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the following favorable circumstances are considered: (a) the Defendant’s attitude to commit the instant crime in which the Defendant has threatened the victim excessively; (b) the Defendant denied the commission of the crime; and (c) the victim committed an indecent act by misunderstanding that the victimized person committed an indecent act; and (d) the victim has made efforts to cause misunderstanding by making it possible for the Defendant to commit an indecent act; and (b) the victim is liable to some degree of the occurrence of the crime by making it difficult for him/her to do so.