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(영문) 서울서부지방법원 2014.12.17 2014고단1522

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not less than eight 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 June 5, 2014, the Defendant: (a) around 10:00, on the ground that the Defendant, at the Defendant’s residence located in Yongsan-gu Seoul, Yongsan-gu Seoul Metropolitan Government, D (Woo, 27 years of age), a female living together, did not properly take care of the Defendant’s horse. (b) When she met with the victim’s face and part of the victim’s body, the Defendant took care of the victim’s face and part of the victim’s body, and her hand, the Defendant showed that she was living in the main room of the Defendant’s residence of Yongsan-gu, Yongsan-gu, Seoul, 301, and the Defendant showed that she was 11cm in length of the above day, and that she was able to show the victim and her body in the front room again, and that she was born by the victim.

Accordingly, the defendant, who is a dangerous object, threatened the victim by possessing a ceiling and excessive amount, which is a dangerous object.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Legal statement of witness E;

1. Statement of D police statement;

1. Written statements of D;

1. Seizure records;

1. Report on the arrest of a suspect, report on investigation, deadly weapons and photographs, photographs, requests for cooperation in investigation, details of handling 112 reported cases, application of answer statutes to requests for cooperation in investigation;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the injured party does not want the punishment of the accused, and the fact that the same kind of suspended execution or heavier punishment has