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(영문) 서울북부지방법원 2014.12.19 2014고단3984
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

At around 00:30 on August 28, 2014, the Defendant, in a park located in Gangnam-gu Seoul Metropolitan Government, made it difficult for the victim D (the age of 59) to take advantage of spite, thrown away wastes, and drink drinking, and threatened the victim with a knife (the total length of 27 cm, the knife length of 16 cm) at the Defendant’s residence located in the above park near the park, and threatened the victim with a knife and a knife as the victim’s knife.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning E;

1. Statement of D police statement;

1. Application of kitchen-car Acts and subordinate statutes used by a suspect;

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the defendant repents his/her wrong mistake, the character and conduct, intelligence and environment of the defendant, and the fact that the victim does not want to be punished against the defendant);

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62 (1) of the Criminal Act (recognisive consideration of the circumstances in the above);

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