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(영문) 서울서부지방법원 2013.12.12 2013고단2291

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for one year.

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

On August 5, 2013, the Defendant: (a) around 13:05, on the roads near Seodaemun-gu Seoul, and on the grounds that the children of the victim C (37 years of age) living on the upper floor are sleeping, and (b) placed the kitchen (36 cm in length) in the kitchen machine in a state where he was placed in a bar, and said, “the victim is dead” (36 cm in length).

Accordingly, the Defendant, while carrying a deadly weapon, threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Records of seizure and photographs of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Article 62 (1) of the Criminal Act (the fact that the victim expresses his/her intention not to punish him/her, and the degree of damage is not excessive).

1. Article 48 (1) 1 of the Criminal Act to be confiscated;