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(영문) 서울북부지방법원 2015.01.13 2014고단3583
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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

At around 15:00 on September 27, 2014, the Defendant: (a) threatened the victim D (the age of 49) who was drinking a boomed boom in the Dongdaemun-gu Seoul Metropolitan Government, with a view to the Defendant’s desire, with a view to gathering a knife (the blade length of 21cm) which is a dangerous object that was located in the main room of the Defendant, and downloading the knife the knife (the knife length of 21cm) to the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that the accused has led to a confession of the crime and has been repented, that there exists no particular criminal record except for the punishment twice by the fine, and that the accused has also received violence from the victim immediately after the crime);

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