beta
(영문) 서울남부지방법원 2015.05.28 2015고단1191

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six 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

1. On February 21, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) around 14:00 on February 21, 2015, on the following grounds: (a) around 14:00 on February 21, 2015: (b) the Defendant reported a new attack to take place in the fourth floor corridor located in Geumcheon-gu Seoul Metropolitan Government for the purpose of going to the outside along with his/her walk; (c) the victim D (56 years of age) demanded that he/she turn on the way; and (d) the Defendant’s hick theory that “I am Sick, Sick, Sick, Sick, Sick, Sick,” which is a dangerous object, threatened the victim by gathering and threatening him/her.

2. At around 19:00 on the same day, the Defendant violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) (collective, deadly weapons, etc.), around 19:00 on the same day, and around 19:00 on the same day, “The Defendant sent to and out of the upper part of the entrance 413, where the victim was living,” and “the neighbor left the corridor and the Defendant.” On the other hand, the neighbor took the kitchen knife, which is a dangerous object in the common direction at the end of the fourth floor corridor, brought the kitchen knife in the victim’s room, brought the victim into the victim’s room, thereby threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of the relevant Act on the Punishment of Acts of breadth, etc. concerning criminal facts, Article 283 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] There is no basic area [6-1-6 months] of the crimes of intimidation [6-1-6 months] [decision of sentence] in the light of the circumstances leading to the crime of this case, the degree of damage, and the fact that there is no agreement with the victim, etc. However, there is no record of the crime except for the punishment imposed once by fine. The defendant's age, character and conduct, environment, and environment.