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(영문) 서울동부지방법원 2014.05.15 2013고단2978

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 15, 2013, at around 21:00, the Defendant threatened the Defendant’s residence located in Gwangjin-gu Seoul Special Metropolitan City, with the same day, the victim C (the other party (the age of 45) who was the other party who had a conflict with drinking, found the victim C (the age of 45) who was the other party to the dispute with drinking, and took the Defendant’s mobile phone on the floor, and threatened the Defendant with a knife (the knife 20.5cm on the knife, the total length of 30cm) that was dangerous in the kitchen, making the part of the victim’s knife, and “Is the death.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes concerning photographs;

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. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of sentence recommended by the sentencing guidelines (determination of types), violent crimes, intimidation (determination of the recommended area), the basic area [determination of the recommended area] [the scope of sentence of recommendation] June to June 1 and June;

2. In light of the risk of the instant crime, etc. upon which a sentence of punishment was rendered, the punishment as ordered shall be determined by taking into account the following factors: (a) the Defendant is led to confession and reflect; (b) the Defendant has no record of punishment; (c) contingent crimes; and (d) the occurrence of severe consequences to the victim; and (e) the conditions for sentencing as prescribed in Article 51 of