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(영문) 서울동부지방법원 2014.05.13 2014고단848
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 24, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Seoul Central District Court on May 24, 201, and two years of suspended execution was finally decided on June 1, 2013.

1. Around 04:00 on September 9, 2013, the Defendant destroyed the Defendant’s damage of property by taking one of the studio 5 studio in Gwangjin-gu Seoul Special Metropolitan City, by taking one of the studios in the market value of the victim E, without any reason, so that the Defendant could not repair the Plaintiff.

2. In violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) at the same time and time as set forth in paragraph (1), the Defendant threatened the victim F.F. (the age of 23) who was an employee of the singinginging room and demanded that the Defendant be given a delivery by asking the value of the singingle during the escape of the single at the same time after the single of the single, with a knife of the knife ( approximately 13.5cm in total length, approximately 6cm in knife length), and expressed the knife, “one

Accordingly, the defendant carried a knife for camping, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution with respect to F;

1. An investigation report (the length, etc. of a blade for camping);

1. Receipts:

1. Previous convictions in judgment: Application of statutes in written judgments (68 pages) and inquiry results;

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (the point of intimidation by carrying a deadly weapon);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

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

1. Violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.);

(a) Class IV (Habitual, Cumulative, and Special Intimidation) of the scope of recommendations;

(b) Where the degree of special mitigation is minor;

2. The lowest limit of sentencing shall be the sentencing criteria; and

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