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(영문) 서울북부지방법원 2015.11.20 2015고단2827
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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A defendant shall be punished by imprisonment for not less than eight months.

except that 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

From June 11, 2015, the Defendant served as an employee in charge of delivery, etc. in the “E” in Seongbuk-gu Seoul Metropolitan Government D, which is operated by the victim B (n, 33 years of age) and the husband C, who is the husband of the victim.

At around 10:00 on June 30, 2015, the Defendant lent C and the Defendant lent to C, but the Defendant retired from work during the process of disputeing the repair cost and wage problem of the Oralin, and discussed C with the victim about the problem of money.

At around 10:40 on the same day, the Defendant left the 1.5 liter disease outside the gar with the victim and the garrison, which was a dispute over the repair and wage problems of the garrison with the victim at the entrance of the said garris, and left the garris.

At around 10:42 of the same day, the Defendant continued to enter the said marina through a door located on the side of the static width of the Mat, and came together with a knife knife ( approximately 38 cm in total length, approximately 25 cm in knife) knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife).

Accordingly, the defendant carried a knife, which is a deadly weapon, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. C’s statement;

1. Application of the Acts and subordinate statutes to four copies of CCTV output photographs, one knife photograph;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] of the suspended sentence under Article 62(1) of the Criminal Act refers to types 4 (Habitual Offense, Habitual Offense, Special Intimidation) and mitigation area (4-1 year) [Special Mitigation] [the victim expressed his/her intention not to be punished by the defendant under investigation by the police] [the decision of sentencing].

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