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(영문) 서울동부지방법원 2015.10.28 2015고단1739
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 April 1, 2015, the Defendant, at around 23:10, at the residence of the victim D (the age of 46) located in Gwangjin-gu Seoul Special Metropolitan City on April 1, 2015, the Defendant, without any particular reason, has excessive 2 cm (12cm in the blade length, 23cm in the total length/10cm in the blade length, 20cm in the total length, 20cm in the hand, while the Defendant, at around 23:10, had a knifeed with a plastic tape with another hand, and the Defendant, without any particular reason, had the Victim D (the age of 46) known in

I see, I am I am I am I am I am I.

“...”

In this respect, the defendant carried a dangerous article and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Excessive carried photographs and excessive photographs;

1. Application of seizure records and list statutes;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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 recommending punishment] Types 4 (Habitual Offense, Cumulative Offense, Special Intimidation) [Special Mitigation] and the scope of mitigation (4 to 1 year] [Pronouncement of sentence] and the act of the defendant is deemed to be highly dangerous. However, the defendant only reduced the knife in the room of the victim at the time, and did not act as a threat to the victim, such as deceiving the victim by tape, and the victim did not want the punishment of the defendant.

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