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(영문) 서울남부지방법원 2013.10.14 2013고단3171
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 07:00 on September 7, 2013, while the Defendant was engaged in the act of arranging peties, cans, etc. in front of the Defendant’s house located in Guro-gu Seoul Metropolitan Government, the Defendant was under the victim D (the age of 48) who was frequently dissatisfied with the dispute for the reason that the noise caused by the brucing of the brut diseases, etc. was satisfying, thereby causing noise from the brucing from the brus, and threatened the victim with two knife, which is a dangerous weapon inside the Defendant’s house (the knife shall be 30cm in length, the knife length shall be 17cm in length, and the knife shall be 17cm in length), and the victim was threatened by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55(1)3 of the Criminal Act (see, e., Supreme Court Decision 2006Da1548, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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