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(영문) 서울서부지방법원 2014.12.03 2014고단2170
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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2014, at around 18:00, the Defendant, without any justifiable reason, expressed to C (33 years of age) the part of the driver’s seat of a car driven by the Defendant, “less Mongolian,” and expressed to C (33 years of age) the victim “to throw away from it by singing off the part of the driver’s seat of the car driven by it.” As the victim stated in this paragraph, the Defendant expressed to C (33 years of age) that “I will throw away from it by singing away from it by singing off,” and then threatened the victim by saying “I will throw away it by sing off by singing the part of the driver’s seat of the car driven by it.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the records of seizure and the list of seizure, and the photograph of seized articles;

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. Article 62 (1) of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 48 (1) 1 of the Criminal Act is to be determined as ordered by taking into account all the conditions of sentencing, including the fact that the victim does not want the punishment of the defendant, the fact that the victim does not want to do so by agreement with the victim, the defendant's age, character and conduct, family environment, criminal records, motive and method of the crime, circumstances after the crime, etc., such as the defendant's age, character and conduct, family environment, criminal records, motive and method of the crime, etc.

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