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(영문) 서울남부지방법원 2015.10.23 2015고단2830

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant and the victim B (the 45 years of age) are married couple.

On July 3, 2015, at around 23:45, the Defendant, at the Defendant’s residence located in Gangseo-gu Seoul Metropolitan Government, threatened the victim by using a food knife (total length, 32cc., 20cc., a knife) which was displayed at the kitchen knife of the kitchen, in order to consider the reasons between the Defendant and the Defendant’s knife at his age clubs 103, and then threatened the victim by saying, “I am knife and knife knife knife knife knife knife.”

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Written statements of D;

1. Photographs of the knives used by the suspect;

1. A criminal investigation report (related to photographing of the site photographs), and on-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] There is no basic area (6 months to 1 year and 6 months) of the crimes under types 4 (Habitual Cumulative Offense, Special Intimidation) [Decision of Sentence] [Determination of Sentence] The Defendant is deeply divided and reflected in the crimes, there is no record of punishment exceeding the fine, the victim is not until the defendant is detained, and the sentence is not until the defendant is detained, and the execution of the sentence is suspended on the condition that he is subject to probation by setting the sentence as ordered according to the sentencing guidelines, taking into account the defendant's age, character and behavior, environment and circumstances after the crime, etc.