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(영문) 서울동부지방법원 2013.04.04 2012고단2632

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

[2012 Highest 2632] On September 26, 2012, the Defendant moved to the victim who was obstructed due to the stopping of a car driven by the victim E (the age of 52) while driving a road for one-way Seoul Songpa-gu Seoul Metropolitan Government on a D E-ub car.

The Defendant, who was in his possession of dangerous objects, harming the victim, saying, “I want to die of the cryp, and if you look back once again in the snow in the living place anywhere, I would soon find out the death.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

[2013 Highest 316]

1. The Defendant damaged property: (a) around 11:50 on September 22, 2012, the Defendant: (b) went out of the expressway by reducing the amount equivalent to 4.50,00 won of the mobile phone market value on the motherto the road owned by the victim of the defect, which was the mother land owned by the victim and the mobile phone market value of which was 4.50,000 won.

Accordingly, the Defendant destroyed the cellular phone owned by the victim as above.

2. Violation of the Punishment of Violences, etc. Act;

A. The Defendant, at the time and place specified in Paragraph 1, laid off the Defendant’s clothes, which are dangerous things in the Defendant’s clothes, and threatened the victim with the Victim F’s timber and worship, and threatened the victim by saying, “I would die.”

Accordingly, the Defendant carried dangerous objects as above and threatened the victim.

B. The Defendant threatened the victim, at the time and place specified in Paragraph 1, by stating that “the Defendant would off his clothes, she will be imprisoned, she would have his/her clothes, and she will be imprisoned in her chests and chests of the said F’s female friendly appearance G (n, 35 years of age) and the chests.”

Accordingly, the Defendant carried dangerous objects as above and threatened the victim.

Summary of Evidence

[Attachment 2012 Highest 2632]

1. Partial statement of the defendant;

1. The first protocol of trial: