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(영문) 서울북부지방법원 2015.10.30 2015고단418
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around April 2014, the Defendant, at around 22:00, threatened the victim’s house of the victim D (n, 49 years of age) living together in Seoul, with the victim’s phone on the ground that the victim does not enter the house by leaving the house and leaving the house, thereby threateninging the victim to “I see the house promptly if you come to the house, and I see the whole unit, I see it with a view to leaving the house,” and damaged the victim’s market price by threatening the victim to display the transition, which is an object dangerous to the invalid victim, and by destroying the victim’s knife and knife the knife, using the net value, which is a dangerous object.

In this respect, the defendant threatened the victim by taking advantage of the excessive use of dangerous objects, and damaged the goods owned by the victim by using the net value, which is a dangerous object.

2. Around May 16, 2014, the Defendant: (a) at the above place on the grounds that the said victim delayed without having contact the Defendant; (b) took a dangerous object on the grounds that the said victim delayed; (c) took a television monitor on the part of the victim; (d) broken the monitor; (c) thrown away the margin from the dispute on the table, and made a rupture the rupture a rupture, and threatened the rupture to the victim, as if the rupture were to take advantage of the rupture, “the rupture.”

In this respect, the defendant threatened the victim by using the stolen goods, which are dangerous objects.

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on the details of text transmission;

1. Relevant provisions of the Criminal Act, Articles 284, 283(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 284, 283(1) of the Criminal Act, Articles 366 of the Criminal Act, the choice of imprisonment for a crime;

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

1. Second crimes (special intimidation) with the reason for sentencing under Article 62(1) of the Criminal Act, which have no basic area (six months to one year) (six months to one year and six months) of the crimes of intimidation (special intimidation) (the scope of recommending punishment) under Article 62(1) of the Act on the Suspension of Execution.

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