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(영문) 서울중앙지방법원 2014.09.26 2014고단5163
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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.

(e).

Reasons

Punishment of the crime

At around 14:00 on June 5, 2014, the Defendant stated that “The victim C (n, 42 years of age) was financially assisted by the Defendant, but the Defendant was at the home of the victim C (n, 42 years of age) in Jung-gu Seoul Metropolitan Government, and the Defendant was at the home of the victim, who was at the home, and was at the seat of the Defendant, was at the risk of staying home on the ground that the Defendant’s horse was returned late without hearing the Defendant’s horse, she would be flicked and flicked.”

Accordingly, the defendant threatened the victim with dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on virtual photographys;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles);

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

1. The dismissal of prosecution under Article 62 (1) of the Criminal Act

1. Around 14:00 on June 5, 2014, the summary of the facts charged: (a) the Defendant used the victim’s clothes stored in the victim’s room on the ground that the victim was economically assisted by the Defendant at the time of the victim C (n, 42 years of age) located in Jung-gu Seoul, Jung-gu, Seoul, without hearing the Defendant’s horses in his/her possession; (b) he/she used the victim’s clothes in his/her hand to tear the victim’s head in his/her hand; and (c) b) ske the victim’s head in his

2. The above facts charged are crimes falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the agreement signed on August 12, 2014, the victim can recognize the fact that the victim has withdrawn his/her wish to punish the defendant after the institution of the instant prosecution. Thus, the prosecution against the above facts charged is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.

The reason for sentencing [Scope of Recommendation] type 4 (Habitual, Cumulative, Cumulative, Special Intimidation) shall be the reason for sentencing.

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