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(영문) 서울북부지방법원 2012.12.27 2012고단2809
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

At around 10:30 on October 18, 2012, the Defendant threatened the victim by stating that the Defendant would not refund the mobile phone apparatus from the second floor counseling room of Samsung Electronic Service Center of Samsung & Electronic Service Center of Dobong-gu, Seoul, 659, on the ground that the Defendant did not refund the mobile phone apparatus from the broken-down at the second floor counseling room of Samsung & Electronic Service Center of Dobong-gu, Seoul, 201, the Defendant set up two snows of the victim C(46 years of age) (15 centimeters in the blade length) on the table, and immediately cut down two snows of the victim C(46 years of age), and that the victim may threaten the victim by “ how to harm the party.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the fact that the defendant has no record of being punished for the same kind of crime and that the defendant has agreed smoothly with the victim);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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