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(영문) 서울중앙지방법원 2015.04.03 2015고단464

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 27, 2013, the Defendant stated that, “Around March 27, 2013, the Defendant displayed a knife knife (21cc in the knife length, 34cc in the total length) in the “E restaurant” operated by the victim D (n, 62 years of age) located in Dongjak-gu Seoul Metropolitan Government, on the ground that the victim did not inform the Defendant of the identity of the man who abused the Defendant in the “Ecafeteria” before the victim lacks, and that “I will die without informing the Defendant of the identity of the man.”

Accordingly, the defendant carried a dangerous knife and threatened the victim.

2. On January 19, 2015, from around 21:30 to 22:35 of the same day, the Defendant lent money from the Defendant’s house located in the Dongjak-gu Seoul Metropolitan Government F and 108 Dong 303, to the Defendant’s wife G (V, 51 years old) before the day, but was refused, and the Defendant was compelled to refuse. B, on the ground that the Defendant: (a) a kitchen knick, which is a dangerous object in the kitchen, was 17 cm in the kitchen in his hand; (b) a kitchen knife a kitchen knife, which is a dangerous object in the kitchen knife; and (c) a victim’s visit was stamped by opening a locker’s door; and (d) a victim visited the victim by drinking.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Scenic photographs, photographs of each field, and seized blades;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following factors favorable to the defendant among the reasons for sentencing):

1. Probation and order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act;

1. Intimidation to carry dangerous articles (the scope of recommending punishment) with reason for sentencing under Article 48(1)1 of the Criminal Act.