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(영문) 서울동부지방법원 2013.12.26 2013고단1994
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for 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

At around 07:00 on August 12, 2013, the Defendant, at the 3rd floor of the DPublic Notice Board located in Gwangjin-gu Seoul Special Metropolitan City on the ground that the victim E (the age of 45) and the shoulder were faced with, and the Defendant was in his room, with a deadly weapons (the total length of 21cm, 11cm in a knife length) and her hand, called “to throw away the victim” and put the victim into her hand, and continued to put the victim into her with a knife with a knife, which is a deadly weapon in the Defendant’s room.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the witness F in the court;

1. Statement of the police statement of E;

1. A written statement;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 283 (1) of the Criminal Act;

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

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

1. Determination as to the defendant's assertion under Article 48 (1) 1 of the Criminal Act concerning confiscation

1. The defendant asserts that the defendant did not make an excessive statement as to the facts charged in this case, or that there is no knife knife knife knife, and that there is no threat against the victim.

2. In full view of the following circumstances that can be recognized by comprehensively taking account of the above evidence, namely, ① the Defendant was faced with the victim at the time and place indicated in the facts charged in the instant case, and, in other words, the Defendant was fully convicted of the facts charged in the instant case by fully taking account of the following circumstances: (a) there was a vision between the victim and the victim on the ground that the Defendant was faced with a shoulder at the time and place indicated in the instant facts charged; (b) the witness F stated that the Defendant would be knife with excessive and knife and knife with the victim, and (c) the victim consistently stated that the Defendant was threatening

The reason for sentencing is that the defendant.

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