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(영문) 서울동부지방법원 2014.07.18 2014고단1625
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 20, 2014, the Defendant: (a) around 10:00, at the house of female-friendly job offering D located in Songpa-gu Seoul Metropolitan Government; (b) divided the victim E (31 years of age) into D, with D, and brought about a knife ( approximately 19cm in blade, approximately 35cm in total length) which is dangerous things in the kitchen, and brought about the victim with a knife ( approximately 19cm in knife length, approximately 35cm in total length).

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the fact that there is no previous criminal record other than three-time fines, motive and circumstances leading to the crime, degree of danger, circumstances after the crime, etc.);

1. Sentence of recommendation according to the sentencing guidelines under Article 62 (1) of the Criminal Act: Basic area (6-16 months to June) of the fourth category of intimidation crimes (special intimidation);

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