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(영문) 서울남부지방법원 2017.07.06 2017재고단5 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2015, the Defendant was sentenced to two years of suspended sentence for a special intimidation at the Incheon District Court on December 18, 2015, and the judgment became final and conclusive on December 18, 2015. On October 27, 2016, the Defendant was sentenced to eight months of imprisonment for a special intimidation at the Incheon District Court and became final and conclusive on December 31, 2016.

On February 4, 2015, around 03:40, the Defendant threatened the victim by inserting a knife knife (8.4cm in length on the knife), a dangerous object in possession of the victim D (36 cm) with the victim, while giving lessons to smoking in C’C’s 4th floor located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul. The Defendant threatened the victim with “to throw away snow, to die, and to die.”

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on seizure or dispatch to the scene of violence, and evidence and photographs thereof;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation report (a final confirmation of judgment);

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of sentencing under Article 48(1)1 of the Criminal Act provides that no person has been sentenced to a fine or heavier before committing the instant crime for the reason of sentencing; recognition of a mistake and reflects the fact that he/she could have been punished together with the previous conviction stated in the judgment; circumstances, such as motive, means of crime, and circumstances after committing the instant crime

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