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(영문) 서울서부지방법원 2014.01.08 2012고단2067
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person with hearing language disability.

On August 4, 2012, the Defendant: (a) around 06:30 on the street in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) carried out cleaning and cleaning water on the floor by a victim D (the age of 61) who became aware of at the rest of a homeless person; and (c) tried to cut off a ice, a dangerous object from nearby handcle, which is a dangerous object from a nearby handcle, and tried to cut off the ice used by the victim; (d) but (e) as the victim was boomed by the Defendant’s boom, the victim was prevented, and the victim was tried to turn off the above neck, and (e) tried to put the victim into a brue, which is a dangerous object from the neighboring construction site of the seeder.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination of suspect suspect regarding D by the prosecution;

1. A list of seized articles, records of seizure, etc.;

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. Article 11 and Article 55 (1) 3 of the Criminal Act for mitigation of deaf-mutes;

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

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