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(영문) 서울서부지방법원 2014.12.19 2012고단2067 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 August 4, 2012, at around 06:30, the Defendant: (a) in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) the victim D (the age of 62) and the Defendant, who became aware of in a homeless person’s rest area, are fluoring water on the floor and cleaning water; and (c) the Defendant tried to cut off the ice used by the victim from nearby fingers and the Defendant, but the Defendant prevented the Defendant, booming the victim, booming him/her, she boomed him/herself, and she bruds around the site near the victim, and subsequently, the Defendant bruddddddded the victim with the head of the victim who tried to take the head of the victim and brud him/her over the floor, thereby reducing the victim’s head, shouldering him/her, booming him/her by taking away each item of the above, which is a dangerous object cited by the victim.

As a result, the defendant carried dangerous objects and carried them for a period of time that could not be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. Each photograph;

1. Application of the existing Acts and subordinate statutes under subparagraph 2 of this Article;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances leading to the instant crime and the facts that seem to be against the instant crime);

1. Article 62 (1) of the Criminal Act (Taking into account the same reasons as the above);

1. It is so decided as per Disposition on the grounds of Article 48 or more of the Criminal Act.

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