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(영문) 서울남부지방법원 2016.04.11 2012고단4726
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation as a ship of Chinese nationality.

At around 22:30 on November 25, 2012, the Defendant: (a) threatened the victim C (32) who had returned home, without any reason, with a dangerous object at which the victim C (32) was in his/her own possession; (b) the kitchen knife (20cm length: 10cm length: 10cm); (c) threatened the victim with the same as the victim, and (d) the victim, who has frighted to drinking and escape, threatens the victim with the above kitchen knife, and 150 meters away.

Summary of Evidence

1. Statement made by the police against C;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and photographs of seized articles;

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

1. Consideration of favorable circumstances, such as the Defendant’s motive for sentencing under Article 48(1)1 of the Criminal Act and the Defendant’s attitude to commit the instant crime is very dangerous, and the Defendant’s failure to recover from damage, etc., and the Defendant’s absence of any record of punishment in the Republic of Korea.

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