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(영문) 서울북부지방법원 2015.09.17 2015고단2144
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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

1. On April 8, 2015, the Defendant in violation of the Punishment of Violence, etc. Act (collective intimidation) reported the victim E (ma, South and 30 years of age) in front of the Yongsan-gu Seoul Metropolitan Government on the street in front of the victim E (ma, South and 30 years of age). On the day, the Defendant considered the victim to be a person who was at a drinking house on the day, and threatened the victim with the view of taking a dangerous object (30 cm in length), which was a dangerous object that the victim was in his/her ordinary meeting, as he/she seems to be at the time of the victim.

2. Violation of the Punishment of Violence, etc. Act (the destruction of a deadly weapon, etc.) caused damage to the said vehicle to the extent that the repair cost would be required by the Defendant, on the following grounds: (a) the said vehicle was parked in the victim D and the FK5 car owned by the victim D; and (b) the fugitive and the son driving away away away from this place, with the front and rear door of the driver’s seat of the said vehicle, which is an object dangerous to the front and rear door of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Each statement of E and D;

1. Four copies of the photograph;

1. Investigation report (victim D telephone conversations) and investigation report (victim E telephone conversations);

1. Application of Acts and subordinate statutes to report on investigation;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than twenty years; and

2. Scope of recommendations according to the sentencing criteria;

A. The mitigated area of crimes in violation of the Punishment of Violences, etc. Act (referring to the scope of recommendations) (referring to the crimes of intimidation) is mitigated (referring to four months of imprisonment to one year).

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