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(영문) 서울남부지방법원 2013.09.04 2013고단1750

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:00 on May 29, 2013, the Defendant, on the front side of the “D” located in Geumcheon-gu Seoul Metropolitan Government, and on the ground that the victim E (the age of 48) neglected the Defendant’s horses, the Defendant used a knife (the total length of 32 centimeters and the knife length 20 centimeters) with a deadly weapon, which was in the kitchen of the above restaurant, and acted as a knife of the victim’s part of the ship, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (including the fact that the defendant agreed with the victim);