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(영문) 서울동부지방법원 2014.12.09 2014고단1872

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 29, 2014, the Defendant, around 21:40, was drunk, on the street in front of the Jongyang-ro 6-ro 3 reputation 6-gil, Seoul Special Metropolitan City on June 29, 2014, on the ground that the Defendant was under the influence of alcohol, on the ground that the Victim B(the age of 72) was “the Victim?” during the litigation of the Victim B(the age of 72) and the dispute, and then the Defendant was faced with the beer soldier who was in the vicinity thereof, and threatened the Victim with the

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Persons subject to special mitigation (4 to 1 year) in the mitigated area (4 to 4 months and year), types 4 (Habitual, Cumulative, Special Intimidation): No person subject to punishment;

2. The sentence of sentence shall be determined like the order, in consideration of the fact that, after the sentence of sentence is determined, the punishment is not applied to the defendant with agreement with the victim, the defendant does not have any power to commit violence, and all other circumstances are taken into consideration;