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(영문) 서울서부지방법원 2013.10.30 2013고단2308

폭력행위등처벌에관한법률위반(집단ㆍ흉기등강요)

Text

1. The defendant shall be punished by imprisonment for two years;

2.Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a space between the victim C (n, 24 years of age) and his/her living together.

At around 23:00 on May 17, 2013, the Defendant, who was living with the victim, had the victim make a written statement of the above contents by threatening-gu Seoul Metropolitan Government D 401, stating that “If you write down a letter that he would repay KRW 10 million to the victim’s body due to drinking and so on, the Defendant had the victim make a written statement of the above contents by threatening the victim.”

Accordingly, the defendant used a knife, which is a deadly weapon, used the knife and threatened the victim to have the victim do a non-obligatory act.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. Statement of the police statement regarding C;

1. The application of photographs and the Acts and subordinate statutes for reporting investigations;

1. Articles 3 (1) and 2 (1) 2 of the Punishment of Violences, etc. Act concerning a crime, Article 324 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the criminal defendant repents his/her wrong and deposits KRW 1,300,000 for the victim on October 22, 2013);