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(영문) 서울동부지방법원 2015.02.05 2014고단3092

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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 this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 16, 2014, around 19:00 on September 16, 2014, the Defendant threatened the victim by stating that the victim E (nive, 48 years of age) will not leave oil in the D main room located in Gwangjin-gu Seoul Special Metropolitan City for the reason that the victim E (nive, female, and 48 years of age) would not leave oil.

2. On September 17, 2014, at around 21:35, the Defendant: (a) threatened the victim F (n, 38 years of age) with the location described in the foregoing paragraph 1; (b) urged the victim F (n, e.g., the victim to threaten E as stated in the foregoing paragraph 1; and (c) dismissed the Defendant, saying, “N must knife the knife kb head knifs the width.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning E and F;

1. Application of the photograph, CD image statute;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 283 (1) of the Criminal Act (the point of intimidation and the choice of imprisonment) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (six months to one year and six months) of the types of intimidation under the Act on the Punishment of Violences, etc.;

2. The basic sphere (two to one year) of the recommendation range of the crimes of intimidation and the basic sphere of the crimes of intimidation.

3. The scope of final sentence due to the aggravation of multiple offenses: Six months to two years.

4. In the course of the decision-making process of the sentence, a knife or a knife knife knife knife knife knife or knife knife knife knife knife knife knif