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(영문) 서울북부지방법원 2015.07.10 2012고단3158

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

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

On October 11, 2012, at around 09:05, the Defendant, at the house of the Defendant located in the Gangnam-gu Seoul Metropolitan Government Branch, was suffering from dementia, and the mother of the Defendant, who was suffering from dementia in D’s room, threatened with the victim E (n, 56 years old) who was a caregiver of D, who heard the word of smoking in D, who was in the main room of D, would be able to avoid tobacco, and threatened with the victim by bringing a knife knife (19.5cm in the knife length, 31cm in the total length) who was in the main room of D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the protocol of reference statement and preparation of inspection of E;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] There is no basic area (6 to 1 year and 6 months) basic area (6 months) of the crimes of intimidation (Habitual, Habitual, and Special Intimidation) [decision of sentence] Defendant is a primary offender; Defendant is a primary offender; Defendant reflects mistake; health status is not good; Defendant’s family environment is living alone without any occupation even when he is a small age; etc., the sentence is determined as per the order.