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(영문) 서울동부지방법원 2015.09.23 2015고단2213
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 became final and conclusive.

Reasons

Punishment of the crime

On July 25, 2015, around 18:30 on July 25, 2015, the Defendant sent the attitude that the victim D (the age of 26) who was a chain of interest in the building of Songpa-gu Seoul building C may have a sexual intercourse with another woman. On the other hand, the Defendant taken the knife of the knife (the total length of 35cm, the knife length of the knife 21cm) which is a dangerous object in the knife and knife, and threatened the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant or D;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act shall be determined in consideration of all the circumstances, such as the following: (a) the mitigated area (4 to 1 year) of the mitigated area (4 to 1 year); (b) the defendant is a first offender; (c) the defendant is obsive; (d) the defendant does not want the victim to be punished by mutual consent with the victim; (d) the defendant's age and environment; (e) the background leading to the criminal act; and

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