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(영문) 서울남부지방법원 2014.08.14 2014고단1915
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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 of the final judgment.

Reasons

Punishment of the crime

The defendant and C have known to the public for three years, and the victim D(n, 27 years of age) is a parent of C.

On March 28, 2014, at the house of Gangseo-gu Seoul Metropolitan Government E, 408 Dong 303 (F apartment), the Defendant expressed the victim’s desire to take the victim’s face “Isskh, Isnh, Iskh, tightly, tightly, Is the victim’s face, tightly, tightly, Is off, Isn the kitchen knife, which is a deadly weapon in the Troke, in his hand, and threatened the victim “Isnk knife knife knife knif knif knif knif.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and C

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No basic area (Habitual, Cumulative Crime, Special Intimidation) (6-1 year and 6 months) [decision of sentence] 8 months of imprisonment, 2 years of suspended sentence, and 80 hours of community service order (under the circumstances unfavorable to the fact that there exists the record of the same kind of crime, consideration shall be given to the circumstances favorable to the fact that it appears to be a somewhat contingent crime in the state of being committed)

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