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(영문) 서울남부지방법원 2014.11.14 2014고단963

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

except that 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 November 14:20, 2013, the Defendant: (a) stated that, at the Defendant’s residence of Gangseo-gu Seoul Metropolitan Government (Seoul Metropolitan Government C Apartment 602), the Defendant saw a knife knife, which is a dangerous object in the instant residence, while conducting an auction of the seized movable property in the said residence by the victim D (the 55 years of age) and auction executor, etc., who is the creditor; and (b) stated that “I will die.(c)” and said, “I am knife, I am knife” to the victim who is faced with the knife of the said residence.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witnesses D, E, F, and G to the Acts and subordinate statutes;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] There is no basic area (6 to 1 year and 6 months) of the Act on the Suspension of Execution [Determination of Sentence] 6 months of imprisonment, 2 years of suspended execution (including the fact that there are no criminal records other than punishment imposed once due to a fine), 3 years of contingent imprisonment, and 3 years of suspended execution (see, e.g., Supreme Court Decisions 6 months of imprisonment, 4 months of imprisonment, and special intimidation)