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(영문) 서울남부지방법원 2014.05.23 2014고단232
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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

1. On January 1, 2014, around 15:20, the injured Defendant: (a) prevented the victim FF (the age of 59) who was the victim of the “E” in the D market located in Yeongdeungpo-gu Seoul Metropolitan City, from participating in the cafeteria at the cafeteria; (b) took out the cafeteria; (c) kid the victim’s breath, kid the bat; and (d) took away from the cafeteria; and (d) took back the victim’s face in drinking; and (e) took back the victim’s breath, the victim’s fat part of the victim’s fat in the unclaimed face of the treatment days.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) at the same time, at the same place, and at the same time, brought the victim into a restaurant, and brought about about approximately 36cc in a knife (a total length) which is a dangerous object from the victim, and threatened the victim by stating that “the victim shall be dead” on the left part of the victim’s left part.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. A report on investigation (for on-site exploration and witness search);

1. Application of Acts and subordinate statutes, such as photograph of criminal implements;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 283 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act (the point of injury, the point of injury, and the choice of imprisonment);

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

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

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, crimes No. 1 [the scope of recommendations] for the sentencing of Article 62(1) of the Criminal Act, types No. 4 (Habitual Offense, Cumulative Offense, Special Intimidation) [the scope of recommendations] 2 of the mitigated area (including persons who have been specially mitigated] [the scope of recommendations] for the mitigation area (including voluntary efforts to recover damage) [the scope of recommendations] for the special mitigation area (1 to 1 year), for the special mitigation area (1 to 4 years), for the minor injury (1 to 4), for the aggravation of punishment (including serious efforts to recover damage): April to June 16 [the decision of sentence].

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