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(영문) 서울북부지방법원 2014.01.16 2013고단2400

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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

On June 27, 2013, the Defendant was sentenced to the suspension of the execution of six months of imprisonment by the Seoul Northern District Court on June 27, 2013, and the said judgment became final and conclusive on July 5, 2013.

Criminal facts

1. Around 01:30 on May 2, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) (collectively, threat) took place at the Defendant’s home located in the third floor of the Geumcheon-gu Seoul building C, with the victim D (18 years of age) and the Kakakakao Stockholm and telephone conversations. The Defendant asserted that the victim E (18 years of age) who was the victim D and the victim D’s friendly job offers (18 years of age) were found, and threatened the victims as “the knife of imprisonment with prison labor, knife, knife, knife,” and the victims.

2. The Defendant damaged the property by having a roof of the G-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the examination of suspects of E or D;

1. A written statement;

1. Photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Articles 283 (1) and 366 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor for the crime of causing property damage in the option of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act (Article 53 and 55(1)3 of the Criminal Act reflects against the defendant and agrees with the victims, and considering all circumstances

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Social service order under Article 62-2 of the Criminal Act;