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(영문) 서울남부지방법원 2013.08.22 2013고단2012

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 of the final judgment.

Reasons

Punishment of the crime

On May 31, 2013, at around 11:40 on May 31, 2013, the Defendant threatened the victim with the following purport: “Around 11:40, the Defendant listened to the phrase “I will not move back without coming back to Ghana” from the victim D (ma, 53 years of age) who is not good for usual space in front of the Yangcheon-gu Seoul Metropolitan Government 106 commercial building; (b) thereby threatening the victim to the effect that “I will go back to the future only once” the total length, 36cm, 10.5cm in the daily length, which is a dangerous object prepared in advance.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A criminal investigation report (a report on the hearing of statements made by shots E);

1. Application of Acts and subordinate statutes on seizure records;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act - Mitigation of sentence: Where the victim also has considerable responsibility for the occurrence of the crime (where unfair treatment as stated in the judgment of the victim's defendant as to the crime of this case is the cause of the crime of this case): No aggravated punishment [the scope of recommending punishment] [the scope of punishment] four to one year (where the crime of violence, intimidation, repeated crime, and special intimidation is mitigated area] [the decision of sentencing] six months] imprisonment with prison labor and one year of suspended execution (where the defendant has been punished for the same crime of the past, the crime of this case is likely to cause the victim to commit the crime of this case, and it is against the defendant's wrong]