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(영문) 서울중앙지방법원 2014.11.20 2014고단7064
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight 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

피고인은 2014. 6. 11. 04:20경 서울 강남구 D에 있는 피해자 E(여, 23세)의 주거지에서, 피해자로부터 “그만 헤어지자, 집에서 나가라”는 요구를 받고 순간 격분하여 피해자의 머리채를 잡아 방안으로 끌고 가 손바닥으로 피해자의 뺨을 때리고, 머리를 벽에 찧고, 배를 주먹으로 수회 때리고, 목을 졸랐다.

Therefore, the victim forced to wear a knife (30 cm in total length, 18 cm in length on the day) and the victim's knife, and the victim's knife were to be knife, after dancing, the victim's arms and knife in the part of the victim's knife continued to be "I am ambling, ambling, I ambling," and the victim's arms and knife were to be "I ambling, I ambling, I ambling, ambling, I ambling," and threatened the victim with any dangerous object, such as "I ambling, I amb

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the accused;

1. Statement to E by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs of victims;

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. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendation] The execution of the sentence shall be postponed by taking into account the following factors: (a) the basic area (6 to 1.6 months), the basic area (6 months) (special mitigation) of the crime (special mitigation) [a person] the Act on the Acceptance of Criminal Crimes cruelly (a person under special mitigation] [a] prior to the instant case, the Defendant has used violence to the victim several times; (b) the crime in this case is very poor in the applicable law; and (c) the crime in this case is very poor in the applicable law; and (d) the victim does not want the punishment.

It is so decided as per Disposition for the above reasons.

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